Wills- Testamentary Capacity and Undue Influence

Question 1

What is the age of majority required for a valid will in most jurisdictions?

Answer 1

18

A will made by a minor is generally invalid unless the minor is emancipated.

Question 2

What is the sound-mind requirement for making a valid will?

Answer 2

The testator must understand:
* the nature and extent of his property
* the natural objects of his bounty
* the will’s testamentary significance
* how the will disposes of the property

The testator can still have a sound mind despite mental or emotional problems.

Question 3

What are lucid intervals in the context of testamentary capacity?

Answer 3

Periods when a testator regains testamentary capacity, allowing them to execute a valid will

If the will is executed during a lucid interval, the sound-mind requirement is satisfied.

Question 4

What is undue influence in the context of wills?

Answer 4

When someone exercises inappropriate or disproportionate control over the testator’s mind, overcoming their free will

This can cause the testator to execute a will they would not have made without such influence.

Question 5

What are the four elements of undue influence?

Answer 5

The elements are:
* The testator was susceptible to undue influence
* The wrongdoer had the opportunity to exert undue influence
* The wrongdoer had a motive to exert undue influence
* The will features an unnatural disposition of property

These elements must be established to prove undue influence.

Question 6

What is a rebuttable presumption in the context of undue influence?

Answer 6

Most courts will presume undue influence if:
* The testator and influencer share a confidential relationship
* Suspicious circumstances surround the will’s execution
* The will makes an unnatural disposition without a reasonable basis

A fiduciary relationship is an example of a confidential relationship.

Question 7

What is an unnatural disposition of property in a will?

Answer 7

A disposition that appears unusual, unjust, or unfair to a reasonable person

Courts are more likely to find this if the will favors someone not a natural object of the testator’s bounty.

Question 8

Who are considered the natural objects of the testator’s bounty?

Answer 8

Close family members

This generally refers to those the testator would typically be expected to benefit.

Question 9

True or False: A will is void if the testator fails to meet the age or sound-mind requirement.

Answer 9

True

Both the age and sound mind are critical for a valid will.

Question 10

Fill in the blank: A will made by a _______ is invalid unless they are emancipated.

Answer 10

minor

Emancipation allows a minor to make a valid will.