Executing Special Wills Flashcards
Holographic Will
A holographic will is one written by the testator, and traditionally, entirely in his or her own handwriting.
When is a Holographic Will Valid under the UPC?
- When the material portions of the will (those distributing $ and property) and signature of the will must be in testator’s handwriting.
- Testator’s capacity and testamentary intent are still required
- A holographic will does not require any witnesses
Conditional Will
Conditional wills are permitted; a will can be conditioned upon some event (but if condition never occurs the will cannot be probated)
Ks to Make a Will, or Not Revoke a Will, or to Die Intestate
May be established only by:
- provisions of the decedent’s will stating material provisions of the K; or
- express reference in the decedent’s will to a K and extrinsic evidence proving the terms of the K; or
- a writing signed by the decedent evidencing the K
Does a Joint Will or Mutual Wills Signify a K to Revoke?
- Some states, treat a joint will or mutual wills (two wills with reciprocal provisions) as giving rise to a presumption that the parties K not to revoke the will except by consent of both.
- However, under the UPC, the execution of either a joint will or mutual will does not create a presumption of a K not to revoke, and thus both joint and mutual wills are revocable by either party at any time.
Codicil
An instrument that is executed subsequent to a will and refers to the earlier will by adding to, explaining, or deleting from it. Attested or holographic
Importance of a Codicil
A validly executed codicil cures most defects in the execution of the original will, particularly when coupled with the “Incorporation by Reference” doctrine
Republishing Aspect of a Codicil
A codicil republishes the original will to which it refers, meaning the will is treated as if it were first written and executed as of the date of the codicil.
