Will Contests Flashcards
What is a will contest?
A challenge to the validity of a document offered for probate
What are the grounds for a will challenge?
Defective execution, revocation, lack of testamentary capacity, lack of testamentary intent, undue influence, fraud, or mistake
When must a will contest be filed?
In most states, a will contest must be filed within six months after the will is admitted to probate
Who may file a will contest?
Only interested parties (creditors, executors, and testamentary trustees not included)
Who is a necessary party to a will contest?
All legatees and intestate heirs, who are entitled to notice
Who has the burden of proof in a will contest?
The contestant
What happens if only a portion of the will is found to have been procured by undue influence, fraud, duress or mistake?
Only that part is void, the remainder is given effect
What is the required testamentary capacity?
The testator must be 18 at the date of execution (even if they survive past 18 and never make a new will, that will is invalid)
What mental capacity is required for a testator?
Need not have contractual capacity, but must have the capacity to understand the nature of their act, the nature and extent of their capacity, the natural objects of their bounty, and must be able to formulate an orderly scheme of disposition
When is testator capacity determined?
At the time of execution
What is the effect of an adjudication of insanity or appointment of guardian/conservator?
Evidence of lack of capacity but not conclusive
What is the effect of an insane delusion?
An insane delusion (a belief in facts that do not exist and that no rational person would believe existed) may invalidate a will or gift to the extent the disposition was caused by the delusion
What is the presumption regarding testator competence?
Testator presumed competent and the burden to prove otherwise is on the contestant
What is necessary to establish undue influence?
The contestant must establish (1) that influence was exerted, (2) the effect of the influence was to overpower the mind and see will of the testator, and (3) the resulting testamentary disposition would not have been executed but for the influence.
Do pleading, begging, nagging, cajoling, or threatening on their own constitute undue influence?
No
Is circumstantial evidence of undue influence (e.g., opportunity to influence, susceptibility to influence, or unnatural disposition) sufficient to establish undue influence?
Not on its own
When does a presumption of undue influence arise?
When (1) there was a confidential relationship between the testator and beneficiary, and (2) that beneficiary was active in procuring, drafting, or executing the will, the burden of proof shifts to the will proponent
Some states additionally require that the provisions of the will appear unnatural and in favor of the person alleged to have exercised undue influence.
Is there an automatic presumption of undue influence between spouses?
No, even though there is a confidential relationship between spouses. A presumption here will only arise if the spouse exerted influence over the testator in such a manner that it (1) overpowered the free will of the testator and (2) resulted in a disposition of reflecting the desires of the influencing spouse.
What is required for a successful contest on grounds of fraud?
Testator must have been willfully deceived as to (1) the character or content of the instrument, (2) extrinsic facts that would induce the will or a particular disposition, or (3) facts material to a disposition.
What happens if a testator is fraudulently prevented from making a will?
The court usually impasse a constructive trust against intestate beneficiaries in favor of those who would have taken if the will had been made
When is a will challengeable on grounds of mistake?
If the testator is mistaken as to the nature of the instrument or, sometimes, if their mistake in inducement appears on the face of the will
What is the effect of a mistake in inducement?
If the testator’s mistake involves the reasons why the testator made his will a particular way but the mistake was not fraudulently induced, the court usually doesn’t grant relief unless the mistaken inducement is evidence on the face of the will.
Is extrinsic evidence admissible to show that a testator did not know the instrument they were signing was a will?
Yes (because the existence of testamentary intent is in issue)
Is extrinsic evidence admissible to show that a provision was mistakenly omitted or is incorrect?
No
