Will Contests

Question 1

Key requirement for contesting will

Answer 1

Must have standing to contest the probate of a will

Question 2

Satisfying standing requirement

Answer 2

Anyone with a beneficial interest if the challenge is successful (heirs always have standing)

Question 3

Grounds for contesting an executed will

Answer 3

o Lack of Testamentary Capacity
o Undue Influence
o Mistake
o Fraud
o Ambiguity

Question 4

In terrorem clause

Answer 4

No-contest clause = attempts to disqualify anyone contesting the will from taking under it; permitted, but construed narrowly

Question 5

Exception to in terrorem clause

Answer 5

Most courts won’t apply the clause to disqualify a beneficiary if the challenge was
based on reasonable cause