Mistake

Question 1

Mistake in Content

Answer 1

Names wrong ben/gift

• old: fix mistake in addition (strike) but not omission
• now: reform both ways with C+C E of (1) will mistake in intent when signed and (2) T’s actual intent

Question 2

Mistake in Execution

Answer 2

T signs not knowing a will

-will invalid (same result as fraud in the execution)

Question 3

Mistake in Description

Answer 3

Ambiguity
1. Latent (ok on face): Parol E to establish ambiguity and T’s intent

2. Patent (amig on face): old no remedy, now allow parol E to resolve

Question 4

DRR

Answer 4

T revokes will 1 in mistaken belief new instrument effectuates intent but it doesnt

revocation deemed dependent relative and conditional on effectiveness of second

• must be sub identical
• lost will provisions allow W to testify re terms of destroyed will 1

Question 5

Pretermission

Answer 5

Kid born after all instruments executed and not provided for = takes intestate share

-applies to kid born before if T thought dead / non existent