W&T: Wills: Formalities and revocations

Question 1

list the two main types of testamentary documents

Answer 1

attested (witnessed) and holographic (not-witnessed)

Question 2

Requirements of attested wills

Answer 2

the will must be signed by the testator or by a proxy; and signed by at least two competent witnesses, each of whom observed the making of the testator’s signature and signed his own name within 30 days of the other witnesses.
Notarization is not required.

Question 3

Interested witnesses

Answer 3

those who have a direct, pecuniary interest. NY law does not void the will, but purges the bequest to that person unless there are two additional disinterested witnesses when the will was executed.

Question 4

Requirements for non-attested wills

Answer 4

requires two witnesses, and are valid only if made by a member of the armed forces during active military service

Question 5

Revocation

Answer 5

a testator always has the power to revoke his will and any codicils (of course, a revocation procured by fraud, duress, or undue influence is not a valid revocation)

Question 6

General methods of revocation

Answer 6

(1) operation of law;
(2) subsequent will; and
(3) physical act

Question 7

Revocation by operation of law

Answer 7

things like marriage, divorce, or birth of a child will materially alter the will.

Question 8

Revocation by subsequent will

Answer 8

a subsequent will may revoke a will by its express terms or by inconsistency

Question 9

Revocation by physical act

Answer 9

a will can be revoked by burning, tearing, etc., provided that such act is performed with revocatory intent. if an important portion of the will is destroyed, the entire will is revoked (more than a corner, must touch the words)

Question 10

Presumptions an inferences pertaining to lost wills

Answer 10

if the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate can be found, it is presumed that the testator intended to revoke.

Question 11

Dependent relative revocation

Answer 11

a revoked will can be unrevoked under certain conditions. DRR can be applied upon proof of conditional intent to revoke based upon mistake and that the testator’s estate would be furthered by revoking the revocation

Question 12

Revival

Answer 12

NY does not allow revival. A will that has been revoked can only be revived via re-execution.