MBE Rules · Wills, Trusts & Estates
Insane Delusion
Insane delusion (Cal.)
The rule
A false belief without any rational basis that a rational person could not hold, which materially affects the disposition, invalidates the affected portions even where general capacity exists.
In plain English
An insane delusion is a false belief that is so irrational that no reasonable person would hold it. If this delusion significantly influences how someone distributes their property in a will, that part of the will can be invalidated, even if the person generally has the mental capacity to make a will.
Worked example
John believes that his neighbor is secretly plotting against him, despite no evidence to support this belief. As a result, he decides to leave all his assets to a distant relative, completely disinheriting his children. The court finds that John's decision was based on an insane delusion, and thus invalidates the will's provisions regarding his children.
Memory hook
An insane delusion can turn a will into a 'will-not'!
The trap
Exams often present scenarios where a test-taker might confuse general capacity with the specific influence of an insane delusion, leading them to incorrectly validate a will based on overall mental competency.
How examiners test it
Questions typically involve a fact pattern where a testator's irrational belief affects their estate planning, requiring candidates to identify the delusion and its impact on the will's validity.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414