Estate Law · claim
A will contest is a legal challenge to the validity of a will, typically made by an interested party. Such challenges can arise based on allegations of lack of testamentary capacity, undue influence, improper execution, or fraud.
The testator must possess the mental ability to understand the nature of the act of making a will and the consequences of the disposition of their property.
What to prove: It must be shown that the testator lacked the capacity to understand the nature of their actions at the time the will was executed.
This element addresses whether the testator was subjected to coercive pressures from another party, thereby compromising their free will in making the will.
What to prove: Evidence must demonstrate that the influencer had a confidential relationship with the testator and that they exerted control over the testator's decision-making.
The will must be executed according to statutory requirements, which may include specific signing and witnessing procedures.
What to prove: It must be proven that the will was not executed in accordance with the laws governing will execution in the relevant jurisdiction.
This involves a misrepresentation that induced the testator to execute a will or change an existing will.
What to prove: Evidence must show that fraud occurred and that the testator relied upon the fraudulent information when executing the document.
The burden is on the contestant to prove their claims by a preponderance of the evidence.
Exam questions on will contests may involve hypothetical scenarios where the validity of a will is disputed based on various elements; be prepared to analyze facts against the standard elements listed.