Wills & Trusts

Question 1

Undue Influence

Answer 1

Burden on contestant:
(1) influence exerted (2) overpowered mind of testator and (3) will would not have been executed but for that interest. Presumption arises when there is a confidential relationship, beneficiary participated in procuring will, and provisions unnatural and favor alleged influencer.

Question 2

Revocation by instrument

Answer 2

(1) present intent to revoke

(2) instrument executed with testamentary formalities

Question 3

Revocation by subsequent writing

Answer 3

(1) intent

(2) burning, tearing, obliterating, or canceling material portion of wil

Question 4

Interested witnesses

Answer 4

At common law, if attesting witness was beneficiary, will could not be probated. Most states today have purging statutes (will is valid but gift is void).

Question 5

Per capita with representation

Answer 5

Equal shares at first level with living takers

Question 6

Per capita at each generation level

Answer 6

Shares of deceased members of level combined and divided equally at next level

Question 7

Fraud

Answer 7

Burden on contestant:

(1) willful misrepresentation of material fact
(2) purpose to mislead testator for purposes of influencing will
(3) testator relies on misrepresentation