Chapter 3 wills capacity and contests
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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.

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Chapter 3 wills capacity and contests
Chapter 3Wills: Capacity and Contests


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

Iowa Code 622.264


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

Iowa Code 622.264


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

Iowa Code 622.264


Full age
Full Age property by will. . .

  • 18 years or older

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

    • Iowa Code 633.3(18)


I, Emperor Dwayne, King of Nebraska, property by will. . .

being of sound and disposing mind


Why mental capacity
Why Mental Capacity? property by will. . .

  • 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? property by will. . .

  • Mental capacity assures rational dispositions which benefit society

  • Mental capacity protects the mentally infirm from exploitation


Mental capacity
Mental Capacity property by will. . .

  • 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 property by will. . .

  • 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 property by will. . .


Insane delusion

Insane Delusion property by will. . .

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


In re honigman
In re Honigman property by will. . .


Pre mortem probate
Pre-Mortem Probate property by will. . .

  • What is it?

  • What are its benefits?

  • What are its drawbacks?


Undue influence
Undue Influence property by will. . .


Undue influence1
Undue Influence property by will. . .

  • 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 property by will. . .


In re wills of moses
In re Wills of Moses property by will. . .


Ethical issues
Ethical Issues property by will. . .

  • 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 property by will. . .


Latham v father divine
Latham v. Father Divine property by will. . .


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