Will contests Flashcards
Will contests
A will contest is an objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator.
The basis of a will contest is the assertion that the testator:
(i) lacked testamentary capacity,
(ii) was operating under an insane delusion—i.e., but for this delusion, the testator would not have disposed of her property in the manner she did; or
(iii) was subject to undue influence or fraud.
Testamentary capacity
The person challenging the will (the “contestant”) bears the burden of proving that the testator lacked the requisite mental capacity when the will was executed.
A testator had testamentary capacity if she had the ability to know:
(1) The nature of the act (“why”);
(2) The nature and the question of her property (“what”);
(3) The natural objects of her bounty (“who”); and
(4) The plan of the attempted disposition (“how”).
The issue is whether the testator had the ability, not whether she actually knew these things.
Undue influence
Undue influence occurs when mental or physical coercion is exerted by a third party on a testator with the intent to influence the testator such that he loses control of his own judgment.
If undue influence is shown, the will may be invalidated in whole, or in part. The beneficiary who exerted undue influence is treated as having predeceased the testator to the extent that the gift exceeds the intestate share.
Undue influence: majority view
Under the majority view, a contestant bears the initial burden of showing four elements:
- Susceptibility: That the testator was susceptible to being influenced—e.g., because of a weakened intellect;
- Motive: That the influencer has reason to benefit;
- Opportunity: That the influencer had opportunity to influence—e.g., through a confidential relationship; and
- Causation: That the influencer caused an unnatural result and received a substantial benefit.
Upon meeting the burden, the contestant establishes a presumption of undue influence, and the burden shifts to the proponent to prove by a preponderance that there was no undue influence.
Fraud
A will can be invalidated due to fraud. Fraud requires a misrepresentation made by a beneficiary with both:
(1) the intent to deceive the testator and
(2) the purpose of influencing the testamentary disposition.
The result must be a will that would not have been executed but for the fraud.
Fraud in the inducement
Fraud in the inducement is a misrepresentation that causes the testator to make a different will that she otherwise would have made.
It must be shown that the testator would not have made the gift if she had known the truth.
Fraud in the execution
Fraud in the execution is a misrepresentation as to the will itself or its contents—e.g., that the testator does not know she is creating a will or is not told the true content of the will.
Insane delusion
An insane delusion is a false belief to which the testator adheres in spite of all reason and evidence to the contrary, even if she has general capacity.
The contestant must satisfy an objective test:
(1) Whether the belief was one a rational person would not have achieved; and
(2) Whether the insane delusion was the but-for cause of the testamentary disposition.
Fraud: remedy
A constructive trust is the most common remedy for fraud.
Standing to contest a will
Only directly interested parties who stand to benefit financially may contest a will.
