Fraud in the execution occurs where the testator did not know they were signing a will, while fraud in the inducement involves misrepresentations about facts influencing the disposition. Both require intent to deceive.
The claim is distinct from undue influence.
Alternative Names:
Testamentary Fraud|Fraud in the Execution
Why it Matters?
Fraud requires proof of a specific false statement and reliance, which is a more demanding showing than undue influence and lacks the burden-shifting presumption, so contestants generally plead undue influence primarily with fraud as an alternative. Fraud succeeds where a beneficiary made concrete misrepresentations about another family member's conduct or the testator's own circumstances, which documentary evidence can establish.
Frequently Confused with
Related terms
Frequently asked questions
Why is fraud pleaded as an alternative?
When does fraud succeed?
