Components of a Will

Question 1

If an integration question is raised, the proponent must show…

Answer 1

that the pages were present when the will was executed and intended by the testator to be part of the will.

Question 2

Integration is presumed when…

Answer 2

the pages are physically attached or there is an internal coherence by provisions running from one page to the next.

Question 3

To be valid, a codicil must be..

Answer 3

executed with the same testamentary formalities as a will.

Question 4

Under the doctrine of republication by codicil, a will is treated as having been executed…

Answer 4

on the day of the last validly executed codicil thereto.

Question 5

If a child is born after a will’s execution, but before a valid codicil to the will is created, would the child be considered pretermitted?

Answer 5

No, because the previously executed will is treated as republished as of the date of its latest codicil.

Question 6

______ allows a testator to incorporate an extraneous document into their will. The effect of this doctrine is that the content of the extraneous document will be treated as though it was written into the will itself, even if the document was not witnesses or it was informally written in handwriting.

Answer 6

Incorporation by reference.

Question 7

To incorporate a document by reference:

Answer 7

1. The document must be in existence at the time the will was executed;
2. The will must refer to the document as being in existence; and
3. The will must identify and describe the document with reasonable certainty.

Question 8

A will may also refer to a written statement or list that disposes of items of _________ not specifically bequeathed by the will itself. Notably here, the writing may be prepared before or after the will’s execution, and it may be altered by the testator at any time.

Answer 8

tangible personal property

Question 9

Although a list of tangible personal property does not need to be witnessed, it must be…

Answer 9

signed by the testator and describe the items and beneficiaries with reasonable certainty.

Question 10

A will may dispose of property by reference to significant acts and events. However, the act must have…

Answer 10

some other lifetime significance or motive aside from providing for the testamentary gift.