Formalities Flashcards
SOF
Writing
Signature
Attestation
and subscription by three witnesses
Wills Act (1837)
Writing
Subscription
Attestation
Subscription by 2 witnesses
UPC (1990)
Writing
Signature
Attestation
Signature by 2 witnesses
UPC (revised 08)
Writing
Signature
Attestation
Signature by 2 witnesses or Notarization
Evidentiary Function of Formalities
this is evidence of what you wanted when the will was in writing and when there are witnesses. Signed, so it shows it is final
Line of Sight Rule
The testator does not actually have to see the witnesses sign, but must be able to see them were the testator to look
Conscious Presence
The testator, through sight, hearing, or general consciousness of events, comprehends that the witness is signing.
UPC Presence Requirement
sign within reasonable time. And be “acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.”