3. Effect of Other Writings and Acts Outside the Will Flashcards
incorporation by reference
Georgia does not recognize incorporation by reference in wills.
A document that is not physically part of the will at the time of execution cannot be incorporated by reference, even if the will mentions it.
Can incorporation be used to validate an improperly executed will?
Yes, incorporation can validate an improperly executed will by executing a short document that incorporates the invalid will.
What are Facts of Independent Significance?
A will can allocate Acts or events with independent significance can allocate property in a will without formal requirements.
Can a testator make a conditional will and gift?
Yes, a testator can make a conditional will or gift based on a specific event, provided the condition is not impossible, illegal, or against public policy.
How do courts interpret conditions in wills?
Courts strictly interpret conditions to avoid intestacy, often favoring property passing by will.
What is a contractual will?
A will executed pursuant to a separate contract to make a gift by will, or not to revoke a will.
Does the Statute of Frauds apply to a contract to make a will?
Yes, in Georgia, the Statute of Frauds applies to a contract to make a will.
What requirements must a contract to make a will meet after January 1, 1998?
It must be written, signed, and supported by consideration, such as services.
What is a joint will?
A document signed by two or more testators to distribute their property.
How may a joint will be probated?
As each testator’s will.
What is a mutual will?
Separate wills by two or more people with reciprocal asset distribution provisions.
Does the execution of a joint or mutual will create a presumption of a contract not to revoke the will?
No, it does not create a presumption of a contract not to revoke the will.
Can a joint or mutual will be freely revoked?
Yes, a joint or mutual will can be freely revoked.
What happens to the will of other testators if one testator revokes a joint or mutual will?
Revocation of one testator’s will does not automatically revoke the will of any other testator.
What happens if there is a contract to make a joint or mutual will?
The contract is irrevocable at the time of death of one of the parties.
