Will Requirements Flashcards
1
Q
General Rule
A
- Many state laws require that the will is in writing, signed by the testator, and witnessed by two witnsses.
- Testator needs to be 18 ir older and intend that the document is his will.
- Generally, any mark that is made with intent to adrop the will counts as a signature.
2
Q
Holographic Wills
A
- unwitnessed wills
- holographic wills are valif if signedand if the material portions are in the testator’s handwriting.
- Only recognized by about half the states
3
Q
Dispensing Power
A
- UPC adopts the dispensing power under which a court can validate a will so long as there is clear and convincing evidence that the decedent intended the document to be her will.
4
Q
Incorporation by reference
A
- A writing that is not valid as a will may be incorporated by reference into a will if the will manifests and intent to incorporate the writing and the writing is identified with reasonable certainty.
- The writing must exist at the time the will is executed.
- The UPC recognize the right of a testator to dispose of tangible personal property by a signed memorandum, whether it is prepared before or after the execution of a will
