Wills - Will Contests Flashcards
Who can contest a will?
Only interested parties. - Persons with an economic interest that would be adversely affected by the will’s probate.
Creditors do not have standing b/c ability to collect does not depends on whether decedent will or died intestate.
What must the contestants prove to show a lack of testamentary capacity?
Burden of proof on contestants:
Did T have sufficient capacity to:
(1) Understand the nature of the act was doing?
(2) Know the nature and approximate value of his property?
(3) Know the natural objects of his bounty? [Understand that he had children
(4) Understand the disposition he was making?
Must look at the circumstances at the time the will was signed.
**Less capacity needed to sign a will then a contract (lower legal standard))
Old age, physical frailty, sickness, failing memory or vacilating judgement are not inconsistent with T’s capacity. Jury can find that it was a lucid interval
What must the contestant show to demonstrate undue influence on T?
Someone who is subject to and controlled by a dominant influence or power.
(1) Existence and exertion of the influence
(2) Effect is to overpower the mind and will of T
(3) Product is a will (or gift therein) that would not have been, but for the influence.
[Can be showed as to the entirety of the will or just one gift]
What alone is not enough to demonstrate undue influence?
(1) Mere opportunity to exert influence
(2) Mere suspectibility to influence due to illness, age.
(3) Mere fact of unnatural disposition. [i.e. some children given larger shares than others]
All three may be sufficient.
How does a fiduciary relationship affect the undue influence analysis?
If the fiduciary benefits from a transaction with his principal, a presumption of undue influence and the burden shift from the contestants to the fiduciary.
Fiduciary must show either
(i) T made bequest with full knowledge and intent OR
(ii) independent counsel.
What is the affect of a no-contest clause?
MA - No contest clauses are given full effect regardless of whether the contest was filed with probable cause. [Rationale: T should able to protect his plan.
Majority Rule - No-contest clauses are given full effect unless court finds that the contest was brought in good faith and with probable cause.
Does MA recognize a cause of action for tortious interence with inheritance rights?
NO - MA feels that this is covered by other laws.
