EXECUTION REQUIREMENTS

Question 1

What do you need to execute a will?

Answer 1

{6 Reqs} A duly executed will requires the following things: the testator must be:
(1) 18 years old;
(2) in writing;
(3) must be executed with testamentary intent and effect;
(4) signed by the testator;
(5) testator must sign the will in the presence of 2 or more attesting witnesses;
(6) who witness T’s signature, or the testator acknowledges his signature to the witnesses. Signature must be at the end of the will, any words that appear after are given no effect.

Question 2

Self Proving Will?

Answer 2

If the will is notarized, or a self-proving will, there is no need for the attesting witnesses to testify (will does not need t go to probate). However, if it is not self-proving, both witnesses must testify as to facts necessary to show due execution.

Question 3

Testamentary Capacity.

Answer 3

{4 reqs} A testator must have testamentary capacity at the time the will was executed and can been demonstrated by showing:
(1) testator was of age (18);
(2) testator understood the extent, nature and value of her property;
(3) testator understood the natural objects of her bounty; AND
(4) the testator understood the nature of the act.

Question 4

Burden of Proof.

Answer 4

The will proponent of the will bears the burden of proving due execution of the will.

Question 5

Holographic Will

Answer 5

A Holographic will is a will which is written entirely in the testator’s handwriting, includes material provisions, signed by the testator and found in a place of safekeeping.

Question 6

Nuncupative Will

Answer 6

A nuncupative will is a will that is spoken in the testator’s impending certain death. There must be two witnesses and the will can only convey personal property. The will must be promptly memorialized.

Question 7

Interested Witness

Answer 7

An interested witness is an attesting witness to the will who is also a named beneficiary of the will. The validity of the will is not affected if a beneficiary of the will is also an attesting witness. However, the bequest to the witness will be VOID unless:
(1) there were at least 3 attesting witnesses, two of which are disinterested; OR
(2) the interested witness would be a beneficiary if the testator died intestate. The court will allow the beneficiary to take either the intestate share, or the share provided in the will, whichever share is smallest.