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Mistake

Mistake. Types of Mistake. 1. Mistake in the Factum/Execution Testator did not know testator was signing a will or its contents but not because of someone’s evil conduct. No testamentary intent. Notes 1-4, p. 247-248 Yes, admit to probate. No, deny probate.

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Mistake

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  1. Mistake

  2. Types of Mistake • 1. Mistake in the Factum/Execution • Testator did not know testator was signing a will or its contents but not because of someone’s evil conduct. • No testamentary intent. • Notes 1-4, p. 247-248 • Yes, admit to probate. • No, deny probate. • It is a close call because of the new “scrivener’s error” statute.

  3. Types of Mistake • 2. Mistake in the Inducement • Testator mistaken 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 but no one defrauded me.”

  4. Types of Mistake • Remedy for mistake in the inducement • Carpenter v. Tinney – p. 248 • No remedy • Courts have no right to vary or modify the terms of a will or to reform it on the grounds of mistake. • Unless scrivener’s error proved by clear and convincing evidence.

  5. Public Policy

  6. “Evil” Reason to Disinherit Child • Merrick v. Helter – p. 250

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