Fraud, Generally
A will contest based on
fraud alleges that someone
misrepresented to the truth to the
testator and the misrepresentation caused the
testator to sign the will. There are two main types of this fraud:
Fraud in Execution and
Fraud in the Inducement.
Fraud in the Execution
This occurs when a testator signs the will, but only because the testator
believes that it is some other type of document. For instance, someone may
tell the testator that the document is a
power of attorney, when it
is actually a will. Another example could occur when someone tells a
testator that the will being signed contains the testator's
instructions, when the will actually contains different instructions.
Fraud in the Inducement
This occurs when the testator knows the terms of the will being signed, but
has only made that will because someone has intentionally given the testator
incorrect facts. For instance, someone who is unrelated to the testator may
present himself as the long-lost son of the testator's favorite uncle,
which causes the testator to make a
testamentary gift to that person that he would not have made otherwise.
See: will Contests, Generally;
Wills Contests, Who May Contest;
Witnesses, Advantages
