execution of wills

Question 1

what constitutes a will

Answer 1

a will is an instrument executed to direct disposition of a person’s property

revokable during testator’s lifetime and operative at death

Question 2

what is a codicil

Answer 2

supplement to a will that modifies it

Question 3

testamentary intent

Answer 3

testator must have present intent that the instrument operate as their will

if there is a question o intent look at
1) intended to dispose of the property
2) intended the disposition to occur only on death
3) intended that the instrument in question accomplish the disposition

Question 4

testator’s signature

Answer 4

any mark made by the testator with the intent that it operate as their signature satisfied the requirement

signature can be made by a proxy at the testator’s direct and in their presence

Order: part of single contemporaneous transaction and if signed anywhere (some states may hold as void if not at end)

Question 5

Witnessess

Answer 5

most states require there be 2 witnesses

1. must be competent
2. some states require publication
3. interested witness
4. presence requirement

Question 6

witnesses - interest witnesses

Answer 6

as CL a witness who is also a beneficiary wasn’t “competent”

Now states do see this as ok but the bequest to the interested witness may be void under “purging statute’ unless they are supernumerary

Question 7

witness - presence requirement general rule

Answer 7

Some states require testator sign the will in the witnesses’ presence and the witnesses sign in the testator’s presence

Question 8

witness - presence requirement Conscious presence test:

Answer 8

Conscious presence test: satisfied if each party was conscious of where the other parties were and what they were doing

Question 9

witness - presence requirement Scope vision test:

Answer 9

Scope vision test: satisfied if the person as in such close proximity that they could have seen the signing had they looked