Will Contests: Capacity, Undue Influence and Fraud: every key term you need (+ practice quiz)
25 flashcard terms for Wills and Trusts Topic 5, written to match the course framework. Study them here, then drill them as interactive flashcards, or test yourself with the 15-question quiz — free, no account needed.
The mental ability required to make a will, measured by whether the testator understood the nature of the act, the extent of the property, the natural objects of bounty, and how these relate in a plan.
Natural objects of bounty
The people a testator would ordinarily be expected to remember, chiefly spouse and descendants, whose identity the testator must be able to recall for capacity purposes.
Lucid interval
A period during which a testator otherwise suffering from mental illness or dementia regains sufficient understanding, so a will executed in that window is valid despite the general condition.
Insane delusion
A false belief to which the testator adheres against all evidence and reason, invalidating only those parts of the will that the delusion actually caused.
Causation in delusion cases
The requirement that the contestant link the false belief to the challenged disposition, since a delusion that did not affect the gift leaves the will standing.
Undue influence
Coercion that overcomes the testator's free will and substitutes the influencer's desires, proved by susceptibility, opportunity, a disposition to influence, and an unnatural result.
Confidential relationship
A relationship of trust and reliance, such as attorney and client or caregiver and dependent, whose presence with suspicious circumstances shifts the burden to the alleged influencer.
Suspicious circumstances
Facts such as secrecy in execution, weakened mental state, the beneficiary procuring the drafting, or a sudden change in plan, that combine with a confidential relationship to raise a presumption.
Presumption of undue influence
The evidentiary device requiring the beneficiary to come forward with proof of fair dealing once a confidential relationship and suspicious circumstances are shown by the contestant.
Attorney beneficiary rule
The professional and evidentiary principle treating a will that gives a substantial gift to the drafting lawyer as presumptively invalid unless the lawyer is related to the testator.
Fraud in the execution
Deception about the nature or contents of the instrument, as where the testator is told the paper is a power of attorney, which voids the document as a whole.
Fraud in the inducement
A misrepresentation of fact that causes the testator to make a particular disposition, invalidating only the tainted gift while leaving the rest of the will intact.
Duress in will making
Undue influence that has become overtly coercive through threats or wrongful acts, treated as a distinct ground that supports a constructive trust remedy for the intended takers.
Tortious interference with expectancy
A tort action, available in many states outside probate, allowing damages against a person whose wrongdoing prevented the plaintiff from receiving an inheritance the decedent intended.
No contest clause
A provision forfeiting a beneficiary's gift if that person challenges the will, enforced under the Uniform Probate Code only when the contestant lacked probable cause for the challenge.
Probable cause exception
The limitation on forfeiture clauses recognizing that a contestant with a reasonable, evidence-based belief in invalidity should not lose the gift for bringing a good faith action.
Standing to contest
The requirement that the challenger be an interested person, meaning someone who would take more if the will were denied probate, such as an heir or a legatee under an earlier will.
Burden of proof in contests
The proponent generally proves due execution, after which the contestant must establish incapacity, undue influence, fraud, or revocation, usually by a preponderance of the evidence.
Ante-mortem probate
A procedure in a handful of states allowing a living testator to have a will validated in a judicial proceeding, foreclosing later contests by those given notice.
Videotaped execution
A planning device recording the signing ceremony to show alertness and independence, useful but risky because an unflattering recording can supply evidence for a contest.
Mediation of estate disputes
A settlement process increasingly used in contested estates to preserve family relationships and avoid the delay, publicity, and expense of litigating capacity or influence claims.
Family settlement agreement
A binding contract among interested parties resolving a contest by redistributing the estate, typically approved by the probate court and effective without proving the merits.
Living probate alternative planning
Techniques such as funding a revocable trust well before death, obtaining physician letters, and using disinterested witnesses to reduce vulnerability to later challenges.
Capacity threshold comparison
The doctrinal point that the mental ability to make a will is lower than the capacity required to make a contract or a lifetime gift, reflecting the low stakes to the testator.
Guardianship and will making
The rule that appointment of a guardian or conservator is evidence of impairment but does not automatically bar the protected person from executing a valid will during a lucid interval.