Will Contests (Capacity · Undue Influence · Fraud)
Wills & Succession · Lesson 04
Will Contests (Capacity · Undue Influence · Fraud)
這一課問的是：遺囑是否應因欠缺遺囑能力、不當影響、或詐欺而被推翻？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Should the will be set aside for lack of testamentary capacity, undue influence, or fraud?
這一課問的是：遺囑是否應因欠缺遺囑能力、不當影響、或詐欺而被推翻？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
testamentary capacity
Tap to see meaning
Testator must understand nature of act, extent of property, natural objects of bounty.
遺囑能力。
undue influence
Tap to see meaning
Influence that overcomes testator's free will.
不當影響。
confidential relationship
Tap to see meaning
Often triggers presumption of undue influence.
信賴關係。
suspicious circumstances
Tap to see meaning
Bolster undue-influence claim.
可疑情況。
fraud in execution
Tap to see meaning
Misrepresentation about nature of document.
執行詐欺。
fraud in inducement
Tap to see meaning
False statement about facts inducing disposition.
誘導詐欺。
burden of proof
Tap to see meaning
Contestant usually bears burden; may shift on presumption.
舉證責任。
Issue · what this lesson is really about
Should the will be set aside for lack of testamentary capacity, undue influence, or fraud?
這一課問的是：遺囑是否應因欠缺遺囑能力、不當影響、或詐欺而被推翻？
Trigger words & phrases that should flag this issue:
lacked capacitydementiaundue influencefraudincompetent
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply capacity | Testator must understand (1) nature of making a will, (2) extent of property, (3) natural objects of bounty. | 遺囑能力三要件。 |
| Apply undue influence | Undue influence requires opportunity, susceptibility, and disposition unnatural to testator's preferences. | 不當影響：機會、易感性、不自然之處分。 |
| Apply presumption | Presumption of undue influence may arise from confidential relationship + suspicious circumstances. | 信賴關係 + 可疑情況產生推定。 |
| Apply fraud | Fraud may be in execution (misrep about document) or inducement (misrep inducing disposition). | 詐欺：執行詐欺或誘導詐欺。 |
Rule Sentence · the workhorse
A will may be set aside where the testator lacked testamentary capacity (failed to understand the nature of the act, extent of property, or natural objects of bounty), was subjected to undue influence overcoming free will, or executed the will through fraud — in execution or inducement.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人contestant異議人
Act 行為challenging will挑戰遺囑
Object 對象probated will已認證遺囑
Standard 法律標準capacity / undue influence / fraud能力 / 不當影響 / 詐欺
Consequence 後果will upheld or set aside維持或推翻
Casebook Snapshot · a real American case
In re Will of Moses
Holding. Where a testator left her estate to her attorney with whom she had a confidential relationship, and suspicious circumstances surrounded the will's execution, a presumption of undue influence arose; the attorney's failure to rebut the presumption with clear evidence of the testator's voluntary intent invalidates the will.
Why it matters. Moses shows the presumption's power: confidential relationship + suspicious circumstances = undue influence presumption.
Moses：信賴關係 + 可疑情況產生不當影響推定。
Common Mistakes · what trips students
✗ dementia 即無遺囑能力。
✓ Capacity is judged at moment of execution; lucid intervals count.
以執行時判斷；明晰間隔可。
✗ influence by family = undue influence。
✓ Ordinary influence is permissible; must overcome free will.
通常影響可；須使失自由意志。
Mini IRAC · build the Application
Issue. Should the will of T, a 90-year-old woman in early dementia who lived alone with caretaker C and left her entire $2M estate to C, be set aside?
Rule. A presumption of undue influence arises where a confidential relationship exists between testator and beneficiary, and suspicious circumstances surround the will's execution.
Application (model). T was elderly, in early dementia, dependent on caretaker C, isolated, and left her entire estate to C — leaving nothing to her surviving family. Because a confidential relationship between caretaker and elderly dependent plus suspicious circumstances (isolation, dependence, unnatural disposition) creates a presumption of undue influence, the fact that the relationship was confidential and the circumstances were unequivocally suspicious means a presumption arises that requires C to rebut.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the will may be set aside unless C rebuts the presumption of undue influence with clear evidence of T's voluntary intent.
MBE Check · multiple choice
T, who knew her children, knew she owned a house and savings, and knew she was making a will, executed a will leaving everything to her dog. The children contest for lack of capacity. Result?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: