Is there a valid will?

Question 1

I there a valid will?

approach

Answer 1

In order for there to be a valid will there has to be (1) intent, (2) capacity, and (3) formalities (formal will vs. holographic will).

Question 2

Testamentary Intent

Answer 2

There is testamentary intent if T intended for the instrument (at the moment of execution) to be a revocable disposition of his property upon his death.
(watch for wrong will /s/-Maj. no intent … & conditional wills, OK if not against public policy)

Question 3

Testamentary Capacity

Answer 3

T has testamentary capacity if he is (1) 18 years old (chronological age, not mental age), (2) T knew and understood at the time of making the will (a) the nature and extent of his bounty, (b) persons who are the natural objects of his bounty, and (c) the nature of the disposition (i.e., I.S. vs. will provisions)
(watch for insane delusion, fraud, undue influence, mistake, and ambiguity.

Question 4

Insane delusion

Answer 4

A T will be found to have suffered from an insane delusion if, at the time of execution of the will, (1) T had a false idea or belief, (2) that had no basis in reason, (3) that was the product of an unsound or sick mind, and (4) it materially affected T’s will (i.e.,”but for” the insane delusion, the disposition would not have been made).

Question 5

Undue Influence

Answer 5

is where T’s free will is destroyed by (1) susceptibility to influence (i.e., age, health, etc.), (2) opportunity for influence to be exercised, (3) a disposition to influence for improper purposes, and (4) the provisions are unnatural (mere larger portion and/or kindness or affection not enough)

Question 6

Mistake

Answer 6

If T executes a will but is mistaken as to the contents or it is not T’s will, it will fail due to lack of testamentary intent.
(try to argue ambiguity)

Question 7

Ambiguity

Answer 7

If T’s words/descriptions are subject to multiple interpretations, extrinsic evidence is admissible to determine the meaning. CA will not allow extrinsic evidence when using fanciful reasoning where the words are not “reasonably susceptible.”

Question 8

Legal Formalities of a Formal Will

Answer 8

A formal will (1) must be in writing, (2) signed by T or by some other person in T’s presence and at T’s direction, (3) attested by two competent witnesses (each of who are present at the same time and witness either the /s/ of the will or T’s acknowledgment thereof), and (4) said witnesses understand the instrument they /s/ is T’s will.

Question 9

Legal Formalities of a Holographic Will

Answer 9

A holographic will requires (1) that the material provisions, if not then entire instrument, be in T’s handwriting, and (2) that it be signed by T. A date not required unless deemed material.

Question 10

Fraud in the Execution

Answer 10

T was deceived as to the nature of the document that T was /s/ (i.e., telling T doc was is not a will)

Question 11

Fraud in the Inducement

Answer 11

T was deceived as to the contents of the will or reasons make a will.