Wills Flashcards
What are the 4 types of general wills?
Attested
Holographic
Notarized
Nuncupative
Under a ___ will, a testator may only distribute their ___ property, as distributing ___ property would violate the statue of frauds
Nuncupative
Personal
Real
A ___ will is a handwwritten will that is created by the testator
Holographic
A ___ will is notarized by a proper notary public
Notarized
Under ___ compliance, all standards must be complied with exactly how they are explained in the statute or the will is ____
strict
invalid
Under____ compliance, certain things do not have to meet the standard and the will will be ___ but requires other things to be ___ and deemed as___ to have a valid will
substantial
valiid
complied with
necessary
Harmless error is the ____ standard
UPC
Under harmless error, standards do not have to be ___ complied with, so long as there is no ___ or ____ impact on the will’s validity
Strictly
harmful
negative
In the case of an attested will, it can be signed by _____ if done 1) at the ___ request and 2) in the testator’s ____
someone other than the testator
testators
concious presence
There must be ___ witnesses for an attested will
2
A proxy signature is _____ at the direction of the ___, which is signed in the testator’s _____
signed
testator
conscious presence
What are the 3 different ways a testator can “sign” an attested will?
Full legal name
a cross or an x
an abbreviation
In a ___ jx, the signature or mark is required to be ____ or the will is ___
subscription
at the bottom/end of the document therof
invalid
The presence of witnesses can be done by ___, ____, or ____
line of sight
conscious presence
simultaneous presence
Under the ___ test, the testator must ___ see the signature take place
Line of sight
physically
Conscious presence is the ___ standard
UPC
Simultaneous presence is the ___ standard
Common law
Under the ____ standard, the testator must have sight, hearing or ____ that the writing is being signed
Conscious presence
general comprehension and awareness