Lesson 2

Question 1

Formal/Witnessed Will

Answer 1

A testamentary instrument executed in accordance with the certain formalities (including a written document signed by the testator, and witnessed by two or more persons pursuant to a formal procedure) by which a testator disposes of property after his death.

Question 2

Holographic Will

Answer 2

A testamentary instrument that is written entirely in the testator’s handwriting which is signed by the testator but which is not witnessed (Recognized in approxmately half of the jurisdictions.)

Question 3

Oral/Nuncupative Will

Answer 3

A verbal disposition of personal property upon the death of the testator and allowed only in a limited number of jurisdictions and under limited circumstances.

Question 4

Codicil

Answer 4

A testamentary instrument written and executed subsequent to the execution of a valid will, which alters and modifies the previously executed will, requiring the same formalities as a will.

Question 5

Testamentary Intent Rule

Answer 5

In order to have testamentary intent, a party must intend for his or her instrument to dispose of his or her property upon death.

Question 6

Testamentary Capacity Rule

Answer 6

In order to have testamentary capacity, a testator must know:

1) the nature and extent of his or her property;
2) the natural objects of his or her bounty; and
3) the fact that he or she was executing a will which would dispose of his or her property upon death.