Execution of Wills

Question 1

What are three formal requirements for execution of wills?

Answer 1

1. Signed writing
2. Two witnesses
3. Testamentary intent

Question 2

What is necessary for witness requirement to be met?

Answer 2

Presence of at least 2 witnesses, either line of sight or conscious presence

Question 3

What is the purge theory with regards to an interested witness?

Answer 3

Even if witness has direct financial interest, will won’t be invalidated but witness’ gain in excess of intestate succession is purged

Question 4

What are exceptions to the purge?

Answer 4

1. Two other disinterested witnesses

2. Interested witnesses take share less than what it would be under intestate succession

Question 5

What is the timing of the intent to make a testamentary transfer?

Answer 5

The intent must be a present intent, not future

Question 6

What are basic requirements for holographic wills to be valid?

Answer 6

1. No witness needed, but needs to be handwritten

2. Must be signed

Question 7

What is required for a codicil to be valid?

Answer 7

Same formalities as the will, ie: signed, witnessed, intent; holographic codicils must be in writing

Question 8

How can we show that the testator lacks the requisite mental capacity at the time of execution?

Answer 8

If it doesn’t have the ability to know the (1) nature of the act, (2) nature and character of his property, (3) natural objects of his bounty, and (4) plan of the attempted disposition.