High - Wills

Question 1

Formalities - Wills

Answer 1

(1) writing (2) signed by testator (3) signing must be witnessed by 2 disinterested individuals (4) witnesses sign during testator’s lifetime (5) witnesses must understand they signed will
No witnesses - may be valid will if clear and convincing evidence

Question 2

Holographic Will or Codicil

Answer 2

(1) signed by testator (2) material terms are handwritten - include beneficiaries & gifts
Date required when: (1) issue of testator’s capacity (2) two or more inconsistent wills

Question 3

Modification of Will by Codicil

Answer 3

Codicil is an instrument made after a will is executed that modifies, amends, or revokes.
MUST satisfy same formalities as will
Republishes will & will cure any interested witness problems from original will

Question 4

Acts of Independent Significance

Answer 4

used by court to fill in gaps of will

Significance outside of the will-making process

Question 5

Revocation of a Will

Answer 5

(1) subsequent valid will or codicil

(3) physical destruction

Question 6

Testamentary Capacity

Answer 6

(1) at least 18 years old (2) understands nature and extent of property (3) understands natural objects of her bounty

Question 7

Undue Influence

Answer 7

(1) testator is susceptible to influence (2) wrongdoer has access to testator and opportunity to exert influence (3) wrongdoer actively participated in drafting the will (4) unnatural result
CL presumption: (1) confidential relationship (2) wrongdoer actively participated in drafting will (3) unnatural result
CA: makes donative transfer to (1) person who drafted will (2) care custodian is dependent adult (3) fiduciary relationship (4) spouse, domestic partner, employee, related by blood (5) partner, SH, employee at law firm

Question 8

Intestate Distribution - CP and SP

Answer 8

CP: surviving spouse entitled to 1/2 CP of decedent
SP: (1) entire intestate share - if no surviving issue, parents, siblings, or niece/nephews (2) 1/2 if 1 child or grandchild or parents or siblings (3) 1/3 if 2 or more children, 1 child and 1 grandchild, or grandchildren

Question 9

Omitted Spouse

Answer 9

1/2 of CP & QCP
not mentioned in will executed before marriage = entitled to share of SP equal to intestacy UNLESS (1) intentionally omitted (2) spouse given property outside the will in lieu (3) consistent w/valid prenuptial agreement

Question 10

Omitted Child

Answer 10

will executed before child’s birth or adoption =presumed accidental omission & entitled to intestate share UNLESS (1) intentionally omitted (2) supported by transfers outside will (3) T had more than 1 child and left all or substantially all of estate w/ parent of omitted child