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


  • 118 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 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 fullage and sound mind may dispose of property by will. . .

Iowa Code 622.264


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

Iowa Code 622.264


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)


I, Emperor Dwayne, King of Nebraska,

being of sound and disposing mind


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 Capacity?

  • Mental capacity assures rational dispositions which benefit society

  • Mental capacity protects the mentally infirm from exploitation


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 Capacity

  • Presumption of capacity

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


In re Strittmater


Insane Delusion

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


In re Honigman


Pre-Mortem Probate

  • What is it?

  • What are its benefits?

  • What are its drawbacks?


Undue Influence


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


In re Wills of Moses


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


Latham v. Father Divine


  • Login