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Wills • Capacity
WILLS#019
Legal Definition
Fraud in the inducement occurs where a testator is misled into executing the instrument or a particular gift by false representations concerning facts that influence their motivation. If the court determines someone fraudulently misrepresented facts to the testator, any gift resulting from the fraud is denied probate.
Plain English Explanation
There are two main types of fraud involving wills that you'll need to know. The first is "fraud in the execution," and the other is "fraud in the inducement." We have separate cards for each, but combine them in this simplified explanation so that it is easy to contrast them.
Fraud in the execution has to do with fraud that targets the moment that a will is executed. In other words, the testator willfully agrees to sign something but they do not realize that the something they are signing is, in fact, a will. It's sort of like if someone pulls a switcheroo and asks a person to autograph a document claiming it is a receipt but it is really a will. It's rare, because it's pretty ridiculous, but you should know it.
Fraud in the inducement on the other hand involves a testator that knows they are signing a will, but they have been lied to or manipulated in a way that influences their decision regarding how to structure their will and what should go into it.
So how do you tell them apart? If someone willfully agrees to sign something without being pressured into it, but they are misled and don't realize they are signing a will, it is fraud in the execution. In contrast, if someone is misled and influenced in a way that convinces them to execute a will, then it is fraud in the inducement.
Fraud in the execution has to do with fraud that targets the moment that a will is executed. In other words, the testator willfully agrees to sign something but they do not realize that the something they are signing is, in fact, a will. It's sort of like if someone pulls a switcheroo and asks a person to autograph a document claiming it is a receipt but it is really a will. It's rare, because it's pretty ridiculous, but you should know it.
Fraud in the inducement on the other hand involves a testator that knows they are signing a will, but they have been lied to or manipulated in a way that influences their decision regarding how to structure their will and what should go into it.
So how do you tell them apart? If someone willfully agrees to sign something without being pressured into it, but they are misled and don't realize they are signing a will, it is fraud in the execution. In contrast, if someone is misled and influenced in a way that convinces them to execute a will, then it is fraud in the inducement.
Hypothetical
Hypo 1: Bob has 2 sons, Timmy and Junior. Timmy hates Junior because Junior decided to move to another country years ago and never stays in touch with the family. One day, Timmy learns that Bob intends to leave 60% of his estate to Junior and only 40% to Timmy. Timmy decides to tell Bob that Junior has been killed in a unfortunate accident while on safari. Bob is heartbroken and, believing Junior is deceased, updates his will to leave 100% of his estate to Timmy. Result: Bob had every intention of executing the will he executed, but the only reason he changed the terms of his will was because Timmy lied to him and fraudulently induced him into believing Junior had been killed. Thus, the will doesn't actually reflect Bob's intent, since he intended to split his estate among his living children and he still has, in fact, two living children. If the court finds out, Timmy's resulting gift will be denied probate.
Related Concepts
How do you make a prima facie case for undue influence?
In California, can an attorney who drafts a will for their client be a beneficiary?
In California, when is there a statutory presumption of undue influence?
In California, when is there no presumption of undue influence for a donative transfer?
What happens if someone fraudulently prevents someone from creating a will?
What is an insane delusion?
What is fraud in the execution?
What is required for valid testamentary capacity?
What is required to establish fraud?
What is undue influence?
What relief is available if mistake in the inducement occurs?
When assessing undue influence, what is the presumption test?
When does a mistake in the execution occur and what is the result?
