reqs for executive a valid will Flashcards
attested will
signed by testator and witnessed by third parties
holographic wills
not witnessed but in handwriting of testator
attested
in writing
signed by testator or proxy at testator’s direction or presence
testator must sign or acknowledge the will in presence of at least 2 competent witnesses, both are present at same time
witnesses must subscribe the will, which means they must sign in the presence of the testator
testators can sign anywhere so long as one
contnuous transaction
conscious presence test
w do no have to be in testator’s sight; t just must be aware w are present knows what they are doing and could see them by exerting some effort
not incompetent because of an interest in the will
codicil
amendment to will
codicil must meet
four requirements for a valid will
a codicil can
revive a revoked will by way of a codicil
incorporation by reference
doc not part of will to be treated as part of will to be treated as part of will
reqs
1) doc must exist at the same time the will is executed
2) face of will must indicate its existence at the time
3) will must identify and describe the document with particular reasonable certainty
memorandum that disposes of tangible personal property
need only be identified with reasonable certainty in the will
Holographic will
1) entirely in testator’s handwriting
2) two disinterested witesses must identify the handwriting as the testator’s handwriting
3) testator must sign will or oresence and at testator’s direction
must intend to make this last final disposition; va courts will be flexible about entirely in testator’s handwriiting
harmless error doctrine
if testator does not satisfy all requirements of valid will, it can be treated as valid will by clear and convincing evidence by proponent
cannot excuse the signature requirement
except two people mistakenly sign will, testator signs self proving affidavit instead of will
revocable trust
does not need to satisy formal reqs for valid will
