Testate Succession (Make and Gen)

Question 1

A will is

Answer 1

a document executed by T that takes effect on the death of T. no particular form is necessary.

Question 2

A will may include:

Answer 2

a codicil or testamentary instrument that: appoints an executor, nominates a guardian, revokes or revises another will OR expressly revokes or limits the rights of an individ class to succed the prop of the decedent by passing intestate succession.

Question 3

3 Types of Wills

Ga only recognizes 1!

Answer 3

1. Formal will (GA)
2. Holographic will (handwritten no formalities)
3. Oral will

Question 4

Requirements for a formal will

Answer 4

1. Intent to make a will
2. Capacity to execute a will
3. Writing w/ some kind of permanence
4. Signed by T
5. Attestation by 2 witesses

Question 5

2. Capacity to execute a will

Answer 5

Age - over 14
Capacity - ability to understand the nature and extent of prop, nature of the disposition, names of and his relationship to natural objects of his bounty, and the effect of the document is to distribute property after death.

Question 6

4. Signed by T

Answer 6

1. or at T’s direction
2. can be an X or any mark intended by T to serve as a signature
   very liberal

Question 7

5. Attestation by Two witnesses

Answer 7

1. must be competent (remember, observe, tell the truth, and communicate)
2. In presence of T
3. Interested w’s (W/B) benefits will be purged.

Question 8

Rule of Construction

Answer 8

court shall seek to give effect to the intention of the T as much as possible

Question 9

Attestation Clause

Answer 9

recites all elements of due execution, but is merely ev of what occured.

Question 10

Self-Proving Will

Answer 10

the testimony of the w’s in the probate court regarding the execution of the will is made unnecessary by the affidavits of the T and the attesting w’s before a notary public. (benefit - may be admitted to probate w/o testimony of subscribing w’s)

Question 11

Conditional Wills and Gifts

Answer 11

conditioned upon the occurence of a specific event. Must not be: impossible, illegal, or against public policy.

Question 12

Contractual Wills

Answer 12

agreement to make/revoke a will. S of F applies and must be supported by consideration which can be in the form of services. Ct must be expressed and signed by the obligor.

Question 13

Joint Wills

Answer 13

Same will for two spouses

Question 14

Mutual Wills

Answer 14

mirror images

Question 15

Codicils

Answer 15

An instrument that is duly executed subsequent to the will that changes the will ih some way. It adds to, explains, or deletes items from the will.
supplements but doesn’t replace.