Grounds for contesting a will
lack of capacity or testamentary intent
Standing to Contest a Will
generally, only those with a pecuniary interest have standing to contest
- includes beneficiaries, someone who should be a beneficiary or someone who would benefit if the decedent has died intestate
No-contest clause
Clause in a will providing that a beneficiary loses their interest under the will if they contest it.
(but not if they’re just challenging executor appointment, jurisdiction, or for interpretation purposes)
Majority rule - no forfeiture of interest if beneficiary challenges in good faith and with probable cause
Minority rule - no contest clauses given full effect regardless of challenging beneficiary’s cause of intent
Undue Influence
A will is invalid if executed while testator was subject to undue influence that effectively overrode testator’s free will.
Will contestant has burden of proof to show:
- Influence was exerted on testator;
- Testator’s mind and free will were overpowered; and
- The will would not have been executed absent undue influence
Presumption of undue influence
Arises if:
- a confidential relationship existed between testator and beneficiary who exerted influence; and
- the beneficiary participated to a significant degree in executing, drafting, or procuring testator’s will
[then burden shifts to the proponent of the will to show no undue influence]
Fraud
Where a will/provisions are the result of fraud, it is invalid.
Must be shown that:
- Testator has been intentionally deceived about:
a. character or content of the will
b. facts intrinsic to the will that would induce the will - Testator acted in reliance on the misrepresentation (i.e. he would not have executed the will if he knew the facts)
Common methods of transferring property outside of probate
- Inter vivos gift
- joint tenant bank account
- Totten Trust
- Life insurance
