Wills

Question 1

Who has standing to contest a will

Answer 1

An interested party, meaning someone with a legally ascertainable pecuniary interest.

Question 2

What is an insane delusion

Answer 2

An irrational persistent belief in an imaginary state of facts

Question 3

Undue influence

Answer 3

Free agency of the testator has been destroyed. This must be shown through clear and convincing evidence. Testator could not resist. Controlled testators volition and induced testator to do what they otherwise would not do. Kindness isn’t enough

Question 4

How can you shift the burden of proof for undue influence

Answer 4

(1) infirm and weak mind at time will was written (2) testator named a beneficiary who stood in a relationship of confidence or dependence and (3) testator had previously expressed intent to make contrary disposition of his property

Question 5

What are the requirements for a testamentary trust

Answer 5

Testator must (1) evidence an intent to create the trust, (2) indicate the duties that the trustee must perform, and (3) provide for the funding of the trust

Question 6

What does per stirpes mean

Answer 6

Estate is divided evenly between surviving children or those who leave issue

Question 7

Oral promise to transfer land by will

Answer 7

(1) the agreement is certain and definite in its terms (2) the party seeking enforcement performed (3) failure to enforce performance would amount to a fraud on the enforcing party