Probate 3 Flashcards
Testamentary Capacity
Legal ability to create will
Lucid Interval
Rational moment
Undue Influence
Take advantage of someone
Holographic Will
Hand written will
Nuncupative Will
Oral will
Self-proving Clause
Testator and witnesses sign in presence of each other before notary public
Codicil
Amendment to Will
Incorporation by Reference
Reference to outside document
Dependent Relative Revocation
If a second will is invalid revoked will is reinstated
Joint Will
Contract, one will for both parties
Mutual Will
Re-super cool wheels, two wills neither will altered if other days
Will Contest
Challenges validity of will after probate
In Terrorem Clauses
No contest clause, if contest forfeit interest
By Operation of Law
Events may terminate a document
Attestation of Will
Witnessing signature
Subscribing Signature
Witnesses sign below testator
Primogeniture
Passing to eldest male child, no female
Dead Man Statute
Prohibits beneficiary testifying for own interest
Cunningham Rule
Testamentary capacity
Object of One’s Bounty
Knows family
His or Her Bounty
Idea of assets
Aware of Making a Will
Documents dispose of property
Mental Competence
Free from insanity
