will creation Flashcards
capacity to make a will
18 + mental capacity
at time will executed, testator was capable of IDing his property (the natural objects of his bounty), and knew what he was doing
what would cause someone to not have mental capacity?
insane delusions
undue influence on a testator
T suffers weakness of mind
T adds someone b/c of relationship
T previously expressed intent to the contrary
fraud
misrepresenting a material fact
intent to deceive
when is a will struck down for public policy reasons?
infringe religious beliefs
limiting decision on marriage
CAN limit marrying specific people
attested will
in writing
signed by testator
presence of 2 competent Ws
Ws subscribe the will
do the witnesses actually have to see you sign it?
no, just need to be in room
can a competent W have an interest in the estate?
yes
signature requirement
T himself or proxy at T discretion and in presence
what is a codicil
amendment to will
need s to meet will requirements
incorporation by reference
adding a document not part of a will during execution
incorp by reference requirements
doc exists at time will executed
face of will indicates doc exists
will IDs and reasonably describes doc
holographic will
entirely in T handwriting
signed
2 disinterested Ws must ID handwriting
what is harmless error
satisfying a will even if T failed to meet one of the requirements
need clear and convincing EV
when can you excuse the signature requirement?
2 people mistakenly sign each other’s wills
