Does Fraud by a Beneficiary Invalidate a Will or Trust?
A will or trust procured by fraud can be challenged. A will procured by fraud will not be admitted to probate. [Probate Code § 61041]. The elements of the fraud that will prevent a will from being admitted to probate are the same as those that can invalidate a contract. [In re Newhall’s Estate (1923) 190 Cal. 709.; In re Benton’s Estate (1901) 131 Cal. 472]. Actual fraud means an intention to deceive by [Civil Code § 15721]: (1) the suggestion as fact of something not true by one not believing it to be true; (2) the positive assertion of something not true made in a manner not warranted by the information possessed by the person making the assertion even if that person believes the assertion is true (negligent misrepresentation); (3) the suppression of truth by someone having knowledge or belief of the truth; (4) a promise made without any intention of performing the promise; or (5) any other act meant to deceive. Constructive fraud consists of any breach of duty that gains an advantag
