Chapter 3 wills capacity and contests
This presentation is the property of its rightful owner.
Sponsored Links
1 / 21

Chapter 3 Wills: Capacity and Contests PowerPoint PPT Presentation


  • 114 Views
  • Uploaded on
  • Presentation posted in: General

Chapter 3 Wills: Capacity and Contests. Any person of full age and sound mind may dispose of property by will. . . Iowa Code 622.264. Any person of full age and sound mind may dispose of property by will. . . Iowa Code 622.264.

Download Presentation

Chapter 3 Wills: Capacity and Contests

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Chapter 3 wills capacity and contests

Chapter 3Wills: Capacity and Contests


Chapter 3 wills capacity and contests

Any person of full age and sound mind may dispose of property by will. . .

Iowa Code 622.264


Chapter 3 wills capacity and contests

Any person of fullage and sound mind may dispose of property by will. . .

Iowa Code 622.264


Chapter 3 wills capacity and contests

Any person of fullage and sound mind may dispose of property by will. . .

Iowa Code 622.264


Full age

Full Age

  • 18 years or older

  • Under 18 but emancipated as a resulted of marriage, even though marriage ended in divorce

    • Iowa Code 633.3(18)


Chapter 3 wills capacity and contests

I, Emperor Dwayne, King of Nebraska,

being of sound and disposing mind


Why mental capacity

Why Mental Capacity?

  • Want only to give effect to testator’s true desires

  • Testator’s without mental capacity are not persons

  • Mental capacity protects testator’s family


Why mental capacity1

Why Mental Capacity?

  • Mental capacity assures rational dispositions which benefit society

  • Mental capacity protects the mentally infirm from exploitation


Mental capacity

Mental Capacity

  • Nature and extent of one’s property

  • Persons who are the natural objects of one’s bounty

    • Have the highest moral claims

  • Disposition one is making of one’s property

  • How the first three elements relate to each other to form an orderly plan of disposition

  • Minimum competence

    • One can be judicially declared incompetent and still have testamentary capacity


Mental capacity1

Mental Capacity

  • Presumption of capacity

  • Burden on contestant to prove incapacity by proving failure of any one of the four requirements


In re strittmater

In re Strittmater


Insane delusion

Insane Delusion

An insane delusion is “one to which the testator adheres against all evidence and reason to the contrary.


In re honigman

In re Honigman


Pre mortem probate

Pre-Mortem Probate

  • What is it?

  • What are its benefits?

  • What are its drawbacks?


Undue influence

Undue Influence


Undue influence1

Undue Influence

  • Testator susceptible to undue influence

  • Alleged influencer had opportunity to unduly influence the testator

  • Alleged influencer was disposed to influence testator to obtain improper favor

  • Will evidences a result that is the likely effect of undue influence

  • Contestant has the burden of proof


Lipper v weslow

Lipper v. Weslow


In re wills of moses

In re Wills of Moses


Ethical issues

Ethical Issues

  • Should a lawyer:

  • Draft will in which benefit given to lawyer

  • Draft will naming lawyer as a fiduciary

  • If named as the fiduciary, also be the “attorney for estate”


Fraud

Fraud


Latham v father divine

Latham v. Father Divine


  • Login