More wills stuff

Question 1

In TN can you republish a will by codicil?

Answer 1

Yes

Question 2

In TN if you republish an invalid will by codicil, does it make the will valid?

Answer 2

Yes, if the codicil is executed properly

Question 3

What is incorporation by reference?

Answer 3

Incorporating something into your will by mentioning it. i.e. “the list found in my desk”

Question 4

Does incorporation by reference apply to pre-executed or post-executed documents?

Answer 4

Pre-executed documents

Question 5

What is the Tangible Property Memorandum

Answer 5

It’s when you incorporate something post execution, it can only apply to tangible personal property

Question 6

3 requirements for incorporating by reference

Answer 6

1. Dated
2. Signed in testator’s handwriting
3. Describe the items with reasonable certainty

Question 7

Exceptions to the general rule that a will isn’t a contract (3)

Answer 7

1. Contracts to make a will
2. Contracts to die intestate
3. Contracts not to revoke a will

Question 8

Contracts to make a will

Answer 8

Most of these are going to be unwritten oral agreements which give the non-decedent party restitution as the only option for recovery

Question 9

Contracts not to revoke a will

Answer 9

• Usually involves Joint wills (which are not contracts, but everyone tries to use them as such. Not common. ), and mutual wills (very common, but also not contracts).
• If no contractual language, then not binding
• If contractual language, binding.

Question 10

Anti-lapse statute elements

Answer 10

1. Lapsed bequest
2. Specified Degree of Relationship Between Testator and the Deceased Beneficiary
3. The Deceased Beneficiary Left Issue Who “Survive the Testator”

Question 11

What happens if all 3 of the anti-lapse elements are satisfied

Answer 11

The deceased beneficiaries’ issues are substituted for the deceased beneficiary