Will Components / Interpretation

Question 1

Integration

Answer 1

Certain documents are considered part of the will if there is:
1. Intent;
2. Physical presence at execution

Extrinsic Evidence allowed to show which papers were intended to be integrated

Question 1

Act of Independent Signicance

Answer 1

Only facts that would have exited without the will can be used to shed light on the provisionof a will at issue

Question 2

Pour-Over Will

Answer 2

A provision of a will that puts all or some property into a trust –> *valid if *trust in existence at time will was executed (most states allow it to come into exitence after execution when poured over)

Question 3

Codicil

Answer 3

A testamentary instrument that modifies, amends, or revokes a will or gift

Question 4

Revocation and Codicils

Answer 4

Revocation of a codicil does not revoke an original will but revocation of an original will revoke subsequent codicils

Question 5

Republication by Codicil

Answer 5

Will speaks at date of codicil and combined to be treated as one instrument

Question 6

Reference to Personal Property List

Answer 6

Integrated if:
1. Personal Property only
2. Will refers to it
3. List is dated
4. List is handwritten and signed
5. List describes property and recipients to reasonable certainty
6. Value of list not greater than $25,000
7. Value of all items $5,000 or less

Question 7

Interpretation of Wills and Extrinsic Evidence

Answer 7

Patent Ambiguity = extrinsic evidence allowed to clarify meaning (not to fill blank spaces)

Latent Ambiguity: clear on face but impossible to adhere to in application –> extrinsic evidence allowed

**No Apparent Ambiguity: ** Extrinsic evidence is allowed to both create and resolve the ambiguity

Question 8

Incorporation by Reference

Answer 8

Must be:
1. In existence at time will is executed
2. sufficiently described in the will
3. proof that the document is the one described in the will