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Understanding Fraud in Wills: Types, Elements, and Consequences

Explore the different types of fraud in wills, including false representations, knowledge of falsity, testator beliefs, and causation. Learn about fraud in the factum and fraud in the inducement with real-life examples.

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Understanding Fraud in Wills: Types, Elements, and Consequences

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  1. Fraud

  2. Elements • 1. False representation to testator.

  3. Elements • 1. False representation to testator. • 2. Knowledge of falsity.

  4. Elements • 1. False representation to testator. • 2. Knowledge of falsity. • 3. Testator reasonably believed representation.

  5. Elements • 1. False representation to testator. • 2. Knowledge of falsity. • 3. Testator reasonably believed representation. • 4. Causation

  6. Types of Fraud • 1. Fraud in the Factum (Fraud in the Execution) • Testator deceived as to identity of contents of instrument. • “I did not know I was signing a will.” • [actually, no testamentary intent]

  7. Types of Fraud • 2. Fraud in the Inducement • Testator deceived as to extrinsic fact and makes will based on that fact. • “I knew I was signing a will but would not have done so if I knew the truth.” • [actually, no testamentary intent]

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