Formalities Flashcards

1
Q

SOF

A

Writing
Signature
Attestation
and subscription by three witnesses

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2
Q

Wills Act (1837)

A

Writing
Subscription
Attestation
Subscription by 2 witnesses

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3
Q

UPC (1990)

A

Writing
Signature
Attestation
Signature by 2 witnesses

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4
Q

UPC (revised 08)

A

Writing
Signature
Attestation
Signature by 2 witnesses or Notarization

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5
Q

Evidentiary Function of Formalities

A

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

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6
Q

Line of Sight Rule

A

The testator does not actually have to see the witnesses sign, but must be able to see them were the testator to look

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7
Q

Conscious Presence

A

The testator, through sight, hearing, or general consciousness of events, comprehends that the witness is signing.

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8
Q

UPC Presence Requirement

A

sign within reasonable time. And be “acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.”

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