MEE Wills Flashcards
1
Q
Requirements of a valid will?
A
- legal capacity
- testamentary capacity
- testamentary intent
- state formalities (in writing, signed by testator or proxy, attestation 2 witnesses)
2
Q
what is a self proving affidavit?
A
testator and witnesses swear in an affidavit to what happened during the creation of the will
would substitute for the in court testimony of witnesses
3
Q
how do you incorporate another document into a will?
A
incorporation by reference
requirements:
1. intent to incorporate the writing
2. writing must be in existence when will is executed
3. the writing we want to incorporate must be clearly identified in the will
4
Q
A