M. Will Contests

Question 1

Who has the burden of showing that mental capacity of testator is lacking? What will the court look evaluate?

Answer 1

The contestant.
Court will look at whether testator is capable of knowing and understanding based on his understanding or lack there of:
1) Nature and extent of his property
2) The persons who are the natural objects of the testator’s bounty
3) The nature of the instrument that testator is signing
4) The disposition that is being made in the will

Question 2

How to define undue influence? How to show it?

Answer 2

When a person exerts influence that overcomes a testator’s free will and judgment.
SODA
1) Testator was susceptible
2) Opportunity of alleged influencer
3) Disposition of alleged influencer
4) Whether the will appears to be a product of undue influence

Question 3

For life insurance purposes, is a beneficiary change permitted in a will or testamentary instrument?

Answer 3

No. It must be changed in the policy