Wills-Bar Exam

1) must be 18+
2) Instrument must be executed w/ testamentary intent
3) T must sign will (sig may be any mark or could be made by another at T's direction and in T's presence)
4) 2 attesting witnesses who witness T's signing (or, T's acknowledgment of previous siganture or will)

UPC provision: if proponent established by C&C evidence that the T intended the doc to be his hill, then a court can validate it. In addition, under the UPC, a will that is signed by the T and a notary is valid w/o theneed for any witnesses.

1) If the clause is present at TIME of excecution: Minority rule is that everything above the signature is good, everyhing below the signature is not given effect. Majority rule and UPC rule is that the will, including that clause, is valid b/c you can sign anywhere.
2) If the clause is added AFTER the execution: the rule is that the will is valid, but the addition is not.

These are handwriting wills that are signed by the T but may not be witnessed.
In about 1/2 the states, holographc wills are not allowed. They must follow the statutory formalities, including having 2 witnesses.
UPC and some states: Holographic wills are valid only if material provisions (i.e., your property and the beneficiaries to receive it) are in T's handwriting and signed by the T.

Minority rule: Scope of vision test: valid only if Ws could have seen T signed, were they to look.
Majority/UPC rule: "Conscious presence" test: valid fi Ws are conscious of where T is an what T is doing.

Common law/Minority the will must comply with the state where the real estate is located, otherwise with regard to that real estate, it will pass as though T died w/o a will.
UPC/Majority rule: if the will complies with the laws of either the place of execution, domicile at death, or domicile at execution, then the will controls the distribution of property--no matter where located.

Majority rule: Interested witness does not result in denial of probate of will, but beneficiary-witness loses legacy UNLESS: 1) there were 2 disinterested attesting witnessess (supernumerary rule); OR 2) Witness-beneficiary would be an heir if there were no will, in which case she takes lesser of a) amount given in will, or b) intestate share.
Minorty rule/UPC/modern trend: Interested witness rule abolished. "A will or any provision thereof is not invalid b/c the will is signed by an interested witness."

At time will is signed by T and witnesses (or sometime later but w/in T's lifetime), T and witnesses sign self-proving affidavit under oath before notrary public. This affidavit recits all elements of due execution. Formalities of execution (but not mental capacity, lack fo fraud, undue influence, et.c) are conclusively presumed.

Requires the 1) intent to revoked and 2) a physical act.

Most states require the physical act to touch some of the language of the will (UPC will not, writing VOID on the back is fine). Also, destroying a xerox copy is not good enough.

We presume T did the mutilating w/ intent to revoke.

We presum the reason we can't find it is b/c T destroyed it w/ intent to revoke.

FIRST, if attorney does not destroy it then will is not revoked.
SECOND, the revocation by another person must be 1) at T's discretion and 2) in T's conscious presence.
So the will couldn't be revoked in this case.

"Lost wills" statute. Lost will requires formal proceeding where proponents have burden of proving the contents of the lost will. Compy and one witness or other "clear and convincing evidence" of proof. Also, if attorney messes up destruction can be sued for negligence.

Where codicil makes no reference to will but contains slightly inconsistent provisions, to the extent possible the will and codicil are read togehter. But to the extent of any inconsisten provisions, the later document controls and thereby revoked by inconsistency the prior will. If the second document is a will that has a residuary clause, then it REVOKES the first will in its entirety and we use only the second will.

Majority rule: revocation of a will revokes all codicils thereto. BUT revocatino of a codicil to a will does not revoke the will.

UPC and most states: divorce following a will, revokes all provisions in favor of the ex-spouse and you construe the will as if the ex-spouse were dead.
If they remarry--spouse comes back in the will.
If they separate--mere separation does not affect her rigth tin the will (unless there is an accompanying property settlment to the separation).
Divorce will also revoke a provision for wife in a revocable inter vivos trust.