Wills - MEE

Question 1

A testator’s will can be challenged on the grounds that at the time the testator executed her will she was under an insane delusion that impacted the disposition being made in the will or on the basis the testator lacked general mental capacity.

Answer 1

A delusion is a false conception of reality and an insane delusion is one to which the testator adheres against all evidence and reason to the contrary.

Question 2

If the testator’s alleged delusion has some rational basis, courts typically do not find the delusion to be insane.

Answer 2

In many states, the testator must have some symptoms of a mental disorder, such as delusions or hallucinations, before a court will find that he/she suffered from an insane delusion.

A will can be set aside because of an insane delusion only if the will “is a product of the insane delusion.” If the testator had other grounds for writing the will as she did, it will not be set aside.

Question 3

What do contestants of a will have to prove?

Answer 3

Will contestants have the burden of proving lack of testamentary intent or capacity.

Question 4

To execute a valid will, a testator must have general mental capacity at ___

Answer 4

the time the will is executed.

A mental illness or cognitive impairment does not preclude a finding that a testator has capacity, and a will contestant bears the burden of proving incapacity.

Question 5

To have the requisite mental capacity to execute a will, a testator, at the time of signing the will, must understand:

Answer 5

1) the nature and extent of his/her property
2) the natural beneficiaries
3) the will’s distribution of the property
4) how these elements interrelate to ensure an orderly distribution

Question 6

Who has standing to contest a will?

Answer 6

Only persons with a financial interest in a successful will contest

A person with a financial interest is one who would take a greater portion of the estate if the will contest succeeded.