Executing the Special Will: Special Wills and Codicils Flashcards
What is a holographic will?
A will written entirely in the testator’s own handwriting
Must include material portions and signature in the testator’s handwriting; does not require witnesses.
What are the material portions of a will?
Those distributing money and property
Essential for a will’s validity.
True or False: A holographic will requires witnesses to be valid.
False
A holographic will does not require any witnesses.
What is testamentary capacity?
The testator’s ability to understand the nature and extent of their property and the consequences of making a will
Also includes understanding natural objects of the testator’s bounty.
In the hypothetical about Wanda’s will, what objection could be raised regarding her testamentary capacity?
Wanda was too weak to sign or read the will, raising questions about her sound mind
Sound mind means understanding the nature of the act involved.
What is the definition of a conditional will?
A will that is conditioned upon some event occurring
Example: A will that takes effect only if the testator dies by a specific cause.
What happens to a conditional will if the condition is not met?
The will is invalid
Example: Taylor’s letter stating his will was invalid because he did not die by shark attack.
What must a contract to make a will include to be valid under UPC?
Material provisions in the decedent’s will, express reference in the will, or a signed writing evidencing the contract
Contracts can include mutual or joint wills.
True or False: Joint or mutual wills create a presumption that the parties cannot revoke the will.
False
Under UPC, joint and mutual wills are revocable by either party.
What is a codicil?
An instrument executed subsequent to a will that may add to, explain, or delete from it
A codicil can be attested or holographic.
What does a codicil do to the original will?
Republishes the will, treating it as if it were first written at the date of the codicil
This can cure defects in the original will.
What is required for a will to be validly executed under the UPC?
Compliance with will formalities, the law at the time and place of execution, or the law of the testator’s domicile
Harmless error provisions may apply.
What happens if there is a conflict between the laws of the states where a testator was domiciled and where the will was executed?
The validity of the will is determined under the law of the state where the testator was domiciled at death
This is a common law principle.
Fill in the blank: A codicil can cure most defects in the execution of the _______.
original will
Particularly when combined with the doctrine of ‘Incorporation by Reference.’
