Testamentary Capacity

Question 1

How old do you have to be to execute a will?

Answer 1

18

Question 2

For a will to be valid, you must evidence intent that the document be your ___ will and testament

Answer 2

FINAL

Question 3

What are the 4 basic elements for undue influence?

Susie Only Died Recently

Answer 3

Susceptibility
Opportunity
Disposition
Result

Question 4

In proving undue influence, who has the burden of proof?

Answer 4

Caveator/person saying they did not undue influence the testator

Question 5

A ____ mistake is when the language is clear on its face, but the actual application of the language is ____ when applied

Answer 5

LATENT

ambiguous

Question 6

With a ____ mistake, extrinsic evidence is admissible to resolve

Answer 6

LATENT

Question 7

If ____ does not resolve the issue then gift ____

Answer 7

extrinsic evidence

fails

Question 8

A ___ mistake is when there is ____ on the face of the will

Answer 8

PATENT

uncertainty

Question 9

Traditional view: with a patent mistake, extrinsic evidence is/is not admissible to resolve?

Answer 9

IS NOT

Question 10

Modern view: with a patent mistake, extrinsic evidence is/is not admissible to resolve?

Answer 10

IS

Question 11

UPC 2-805

“the court may _______”

Answer 11

“the court may reform the governing instrument even if unambiguous to
conform terms to transferor’s intention if it’s proved by clear and convincing evidence with what the transferor’s intention was and that the terms of governing instrument were affected by mistake of law or fact, whether in the expression or inducement”