Will Contest Grounds.

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Presentation transcript:

Will Contest Grounds

Failure to satisfy will requirements Lack of legal capacity Very rare Lack of testamentary capacity Very common Lack of testamentary intent Rare Failure to comply with formalities Common

Insane Delusions

“Classic” Definition Testator believes a state of supposed facts that: 1. Do not exist, and 2. No rational person would believe.

Examples? 1. Gulf Oil 2. Maringo 3. Lindley – p. 230 4. Reincarnation gift 5. Personal Revival Trusts

Analysis of Definition Is classic definition a good test? How tell an insane delusion from a false belief?

Will all insane delusions invalidate will? Which one of the following is most likely to invalidate a will based on insane delusion? I believe I am the supreme ruler of the universe. My will leaves my estate to Margaret. I believe you are a space alien. My will leaves my estate to Margaret. I discover Margaret is a space alien. I change my will to leave my estate to my mom. I believe I’ve been abducted and probed by space aliens. I leave my estate to Margaret.

Nexus Requirement Even if testator had an insane delusion, will remains valid unless insane delusion impacts property disposition.