Explore the legal terms and concepts related to Capacity. Click on any term below to learn more about its definition and applications.
What is undue influence?
Undue influence occurs when a person is induced to act in a way that is contrary to their own free w...
What is required for valid testamentary capacity?
To have valid testamentary capacity, one must (1) be 18 years old, (2) understand the extent of thei...
When does a mistake in the execution occur and what is the result?
Mistake in the execution occurs where there is a mistake regarding the character of the document—as...
What happens if someone fraudulently prevents someone from creating a will?
When fraud prevents someone from creating a will, some courts may impose a constructive trust on the...
What is fraud in the inducement?
Fraud in the inducement occurs where a testator is misled into executing the instrument or a particu...
What is fraud in the execution?
Fraud in the execution occurs where a testator is misled into executing the instrument by false repr...
What is required to establish fraud?
Fraud requires: (1) a misrepresentation, (2) of material fact, (3) known to be false by the wrongdoe...
What is an insane delusion?
An insane delusion is a type of incapacity that can invalidate the entire will or a portion of it. I...
In California, when is there no presumption of undue influence for a donative transfer?
A donative transfer is okay where reviewed by an independent attorney or where it constitutes a smal...
In California, can an attorney who drafts a will for their client be a beneficiary?
No. An attorney in California cannot be a beneficiary of the will they draft for a client.
In California, when is there a statutory presumption of undue influence?
In California, there is a statutory presumption of undue influence (or fraud) when there is a donati...
How do you make a prima facie case for undue influence?
To make a prima facie case for undue influence, you must show that (1) the testator was susceptible...
When assessing undue influence, what is the presumption test?
There is a presumption of undue influence where (1) a beneficiary enjoys a confidential relationship...
What relief is available if mistake in the inducement occurs?
There is no relief for mistake in the inducement unless both the fact of the mistake and the disposi...
