Execution of Wills Flashcards
Does Pennsylvania require a will to have a witness if actually signed by the testator himself?
No.
Note: an agent signing on behalf of the testator still requires two witnesses
Where must a signature be on a will in Pennsylvania?
At the end of the will. Anything following the signature will fail as a codicil or amendment
What is required for a valid will in Pennsylvania?
- 18 y/o and of sound mind;
- with present testamentary intent;
- signed;
- with at least two witnesses unless signed by the testator himself
If someone signs on behalf of the testator, what must also be done?
The testator must declare to the witnesses that they are witnessing a will
Does Pennsylvania automatically invalidate bequests to interested witnesses?
No
What qualifies as present testamentary intent?
The testator must:
- understand that he is executing a will;
- intend that it dispose of property after his death; and
- know and approve of the will.
If further acts or writings are contemplated to make a will, is the writing testamentary?
No, the will lack present testamentary intent
Are the words in a will automatically conclusive on testamentary intent?
No, this is a fact question
When is a holographic will enforceable?
When signed at the end of the document
Does a holographic will need to be witnessed?
No, because they are enforceable only if signed by the testator
What is a nuncupative will?
An oral will for the disposition of personal property in contemplation of immediate death. Invalid in PA.
What is a codicil?
A supplement that alters, amends, or modifies a will, rather than replacing it.
What is required for a codicil to be effective?
It must be executed with the same formalities as a will, though it does not have to be witnessed or acknowledged
What happens to a will upon execution of a valid codicil?
It is republished as of the date of the codicil
Can a codicil validate an invalid will?
Yes, if it refers to it with sufficient certainty
