Holographic Wills, Choice of Law, Codicils Flashcards
Holographic wills, requirements
handwritten; require 1)signed by T, 2)MATERIAL PROVISIONS are in T’s handwriting. WRITING TESTAMENTARY INTENT NOT NECESSARY, can use Parol Evidence to establish testamentary intent. Date NOT required, NO WITNESSES REQ’T. If two wills undated and inconsistent, all inconsistencies thrown out (unless you can establish which one is later will)
Can enter probate in any jx so long as:
1 of 3: 1)complies with CA execution formality; 2) complies with execution formalities of jx where it was executed; 3) complies with execution formalities of jx where T was domiciled at time of execution
Codicils definition:
A testamentary instrument executed in compliance with the California Probate Code which modifies, amends or revokes a will
Codicils republication
Codicil republishes will: appears with pretermission problems and pour-over wills. So you can have NO pretermission problem or pour-over will problem if you republish the will because now the will is ‘executed’ on the date of republication
revoking codicil
only revokes codicil not the will, but if he revokes will it revokes both codicil and will
Revocation by physical act elements:
1) Will must be burned, torn, cancelled, destroyed, obliterated 2) simultaneous intent to revoke while destroying 3) done by testator or by testator’s presence & Direction
What if in a typed out handwriting you amend the will to give more $?
Does not work as a holographic will because the material provisions must all be in your handwriting
DRR and handwriting in a typed out will:If you had “To marry for $1k” and you cross out the $1k and write in “for $1500” what happens?
she doesn’t get $1500 because not all in your handwriting, which is a holographic will req’t, BUT she gets the $1k under the DRR because the $1000 was erased under the mistaken belief the $1500 was valid. BUT if it was originally $1500 and you cross out to give $1k, she gets nothing because it is a lesser amount.
Cancellation to increase a gift:
PROHIBITED: Can’t say Farm to X and Y, then cross out Y, what happens is X gets half, the other half goes to residue or intestacy succession
Duplicate Wills Rule
If you have two identical original wills, and one of them is destroyed in presence of testator or by his direction, both are destroyed
Finding mutilated will after death of testator
if it was in his sole possession it is rebutable presumed he revoked it
