JULY 2017 Flashcards
For a will to be validly executed, it must include a writing, a signature of the testator, and at least two witnesses
Additional requirements may apply, including a requirement that the will be declared as such to the witnesses, that the testator request the witnesses to sign, and that the testator sign the will at the end.
Under the common law, Testator’s will would be invalid if one of the witnesses was an interested witness. However, no state applies that harsh rule.
Some states provide by statute that a bequest to an interested witness is void unless the will is witnessed by
two disinterested witnesses
under the republication-by-codicil doctrine, defects in previously validly executed will can be cured if the will is “republished” in the properly executed codicil.
The doctrine effectively treats the portions of the original valid will that are not inconsistent with the terms of
the codicil as recited in the codicil and witnessed by the witnesses to the codicil. Curing an interested
witness problem by codicil is a classic example of the republication-by-codicil doctrine
Under the incorporation-by-reference doctrine, only documents in existence when the will was signed can be incorporated by reference
Many states, however, have enacted statutes allowing a testator to dispose of tangible personal property by
a memorandum signed after the execution of the will if the will evidences an intent to dispose of the
tangibles in that manner
Under the common law RAP, “no interest is good unless it must vest, if at all, within 21 years of some life in being at its creation.
With respect to wills, the beneficiary’s
interests are created at the testator’s death—not at the time the will is executed—because wills are “ambulatory” and can be revoked or changed at any time up to the testator’s death.
A class gift will vest for purposes of the RAP when the class is closed and all members of the class have met any conditions precedent.
If both Amy and Dan meet the age contingency, each
takes one half. If only one does, that one takes the whole. And if neither does, the residue passes to
Testator’s heirs.
