Review Questions Flashcards
Tommy Testator, in poor health, is lying in bed. Two witnesses are standing at the foot of the bed. Tommy Testator props up in bed long enough to sign his will, and then lies on his back. The two witnesses take the will to the table against the wall and sign the will with their backs to the bed. Tommy Testator cannot see them. Instead, he is staring at the ceiling and, in any event, the witnesses’ backs are turned. Under Virginia law, have the two witnesses signed in Tommy Testator’s presence?
Yes, because Tommy was conscious of where the witnesses were and what they were doing.
Tommy Testator died testate leaving a will giving $10,000 to his friend, Franklin. Franklin died before Tommy Testator’s death on July 1. Franklin was survived by his wife Wendy and his only child, Charles. Tommy Testator in the residuary clause devised the rest and reside of his estate to William. Who is entitled to $10,000?
William
Saundra, who is married to Tommy and has no children, executes a will that devises Blackacre to Tommy and the rest of her estate to her sister, Melissa. Four years later, Saundra gives birth to a child, Charlie. Saundra dies a few years later without having changed her will, which is admitted to probate. She is survived by Tommy, Charlie, and Melissa. Under Virginia’s pretermitted statute, what does Charlie take?
Nothing
Suppose that one or more of the witnesses signs the will immediately before the testator signs it. The exact order of signing is not material as long as the signings occurred as part of a ______ and ______ transaction.
single; continuous.
Virginia permits a will to be revoked by physical act by another person as long as these two requirements are met:
- At the testator’s direction;
- In the testator’s presence.
Tommy Testator executed a will, and later executed three separate codicils to the will. Thereafter, Tommy Testator revoked the third and second codicil. Then, Tommy Testator died. What is the result?
The will should be read with the first codicil, as though the second and third codicils were never made.
Where a will that was last seen in the testator’s possession or control cannot be found after the testator’s death, a presumption arises that the will was revoked. Rebuttal of the presumption of revocation must be established by ______ evidence.
clear and convincing
Tommy Testator’s will provides: “I bequeath all of my IBM stock to my good friend Jim Brown, and I bequeath my residuary estate to my sister Sarah Goode.” Jim Brown predeceases Tommy Testator and leaves two children who survived Tommy Testator. What happens to the IBM stock?
Sarah Goode receives the stock.
Tommy Testator executed Will #1. Later he executed Will #2, which contained a clause expressly revoking Will #1. On Tommy Testator’s death, Will #2 cannot be found, and it is established that Tommy Testator had revoked it by physical act, intending to revive Will #1. Is Will #1 revived?
No, Will #1 cannot be revived by destroying Will #2.
Virginia does not adopt the revival rule of the common law. Will #1 was legally dead the moment Will #2, with its revoking language, was executed.
Tommy Testator’s will was signed, “Tommy Testator, by Mary Holiday.” Another person signed under the word “Witness.” Is the will valid?
No, because there is only one witness to the will.
Tommy Testator’s house is badly damaged by fire. When advised that his will was among the items destroyed by fire, Tommy Testator states: “That’s okay. I wanted to revoke it anyhow.” Has the will been validly revoked by physical act?
No, because the intent to revoke the will was not concurrent with the destruction of the will.
