2 Will Types

Question 1

Attested Will

Answer 1

(1) Writing + (2) Signed by T (or T’s direction) + (3) T signs/ack’s in presence of 2 Ws at same time + (4) 2 Ws sign (broad) + (5) 2 Ws understand signing T’s will

–C+C Std: witness problems (not writing/sign) ok w/ C+C E that when T signed he intended it to be his will

-W signs b4 T: split, but CA Sub Perf. Doctrine says absent fraud/mistake it is valid with sub. compliance

Question 2

Attested Will - Interested W

Answer 2

unless 2 other disinterested W’s sign, presume wrongdoing + only gets what would get with intestacy (can be rebutted)
–doesn’t apply if W taking only in fiduciary capacity

Question 3

Holographic Will

Answer 3

(1) signed by T + (2) material provisions (gifts/bens) in T’s handwriting

Date not required, but creates issue with (i) 2 undated which came last (invalid to extent of inconsistency) and (ii) if could have been executed w/out capacity