Execution of Wills

Question 1

Requirements

Answer 1

Signed by testator (any mark suffices), Testator must sign will in each witness’s presence (or acknowledge earlier signature or acknowledge will as his will), Two attesting witnesses, Witness must sign within reasonable time after witnessing. Each witness must sign in testator’s presence

Question 2

Codicils

Answer 2

Later amendments or supplements to will must be executed with same Will formalities.

Question 3

Beneficiary As Witnesses

Answer 3

Bare Majority is that witnesses loses legacy, but it does not affect validity of will.

Question 4

Attestation Clause

Answer 4

Demonstrates prima facie evidence of facts recited.

Important when dealing with witnesses with bad memory/hostile

Question 5

Self-Proving Affidavit

Answer 5

Can be excuted at any time after will is signed, Sworn affidavit before notary public.

Question 6

Dispensing Power (Revised UPC’s) HARMLESS ERROR STATUTE

Answer 6

Probate Judge can excuse full compliance with Will requirements if there is CLEAR AND CONVINCING EVIDENCE TESTATOR MEANT THIS AS HER WILL.

Question 7

Presence (Line of Sight)

Answer 7

Testator need not see witness, but witness must be within uninterrupted range of testator’s vision.

Question 8

Presence (Conscious Presence)

Answer 8

Testator is conscious of where witness is and what witness is doing.

Question 9

Attorney’s Liability for Negligence

Answer 9

Minority Rule: No privity of contract will beneficiaries just Testator.

Majority: Intended beneficiaries Attorney is laible.

Question 10

Holographic Wills

Answer 10

Handwritten, signed and unwitnessed will. Some State Recognize this.

Signature must be somewhere on will.

Question 11

Conditional Wills

Answer 11

Testator intend condition be met before will was effective OR did condition merely reflect the motive or inducement for making the will.

Look to place where it is found