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Cards In This Set
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4 statutory formalities to EXECUTION of a will
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1. T is 18 or over; 2. Instrument must be executred with testementary INTENT; 3. T must SIGN; 4. There must be 2 Witnesses to the signing (or T's acknowledgement of previous signature or will)
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How old must a T be?
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18 or over
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What counts as a signature?
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Any mark (X, initials, etc) count as long as T intends it to be a signature. Another person can even sign if it at T's direction
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What if T signs the will BEFORE the witnesses come over?
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If T verifies will and signature it is valid
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What is there is language BELOW T's signature (assuming drafted at the same time however)
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UPC majority rule it doesn't matter where signature is. Minority rule requires signature to be at the end
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What if there is addition to the language below the signature added at a later date?
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Will is valid but addition IS NOT. Universal rule. (there are ways to modify a rule but simply adding does not work)
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What is a HOLOGRAPHIC Will?
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A will written in one's own handwriting
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Hypo: T writes a holographic will stating " this is my last will. I revoke all earlier wills. I leave everything to the YMCA" T signs the instruments. Probate?
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Half of states - not entitled to probate unless there are 2 attesting witnesses. ever under UPC - IF 1) material provisions are in T's own hand and 2) signed by T it MAY go to Probate
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What are Material Provisions of a Will?
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Provisions that Identify the 1) PROPERTY and 2) BENEFICIARIES
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Must witnesses PHYSICALLY VIEW the signing?
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2 tests or views. 1) SCOPE OF VISION TEST - line of sight test. Must have been able to actually see the signature take place. No impedement to seeing the signing. 2) CONSCIOUS PRESENCE TEST - Majority Rule - satisfied if all are conscious of where they are and what they are doing.
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Can an attesting witness to a will ALSO be a beneficiary?
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Majority Rule: The will itself is still VALID, HOWEVER the beneficiary witness will be PURGED from the will UNLESS there are two other disinteresed witnesses. (Supernumerary Rule). OR the witness beneficiary would have been an heir had there been no will in which can we give witness beneficiary the lesser of the amounts she would receive (either under will or under intestate. Under UPC (still minority): This rule is ABOLISHED.
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What is a Self-Proving Will?
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At the time the will is signed T and witnesses sign self-proving affidavits before a notary under oath that all formalities have been met.
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What is the best way to REVOKE a will?
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The best way to execute a revocation is exactly the same as the original will was executed. This is called EXPRESS REVOCACTION
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Revocation by PHYSICAL ACT. Effective?
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EFFECTIVE but must demonstrate INTENT to revoke and an UNEQUIVOCAL ACT (burn, destroy, tear, draw on, cut, rip, obliterate).
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If more than one executed copy of a will exists must ALL copies be revoked or just one?
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Just one. One revocation VOIDS all identical executed wills.
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