Wills Flashcards
Undue Influence
Burden on proof on the contestants
However, if person in confidential relationship with the testator active in procuring a will that benefits him, inference of undue influence is raised, and will proponent need sot show no UI exerted. If she doesn’t this satisfies the contestant’s BoP
Existence
Exertion to overcome mind
Product: “But for”
Opportunity, Susceptibility, and Unnatural Disposition,note enough
Effect is to destroy the free agency of the testator; will that’s produced reflects thee will of the party exerting the influence, not the testaor
Testamentary Capacity
Nature of the Act
Nature and extent of wealth
Know objects of your bounty
Understand effects of your disposition
Paternity
Family code presumption (marriage)
Bring a suit to establish paternity proceedings
Sworn statement acknowledging paternity
Establish in probate proceeding with clear and convincing evidence
For good cause, exhume body
Lost Wills
1) establish document properly executed
2) prove cause of the document’s non production
3) prove contents of the document by testimony of a credible witness who has the read the will, hear it read, or can identify a copy
Retroactive child support
statutory presumption in the best interests of the child to provide an a mount not to exceed four years of retroactive child support
rebuttable by
(1) proof father should have known he was father
(2) proof father sought to avoid child support obligations
offsets
cannot be used re use and benefit of 1st and second residences
gift to a spouse
becomes separate property and presumed to include income from the gift as well
restraints on alienation
don’t confuse with executory interests
class closing rule
the minute any member is entitled to take, the class closes if LE then remainders, happens when the LE owner dies, not the testator
