Wills Flashcards

1
Q

What are the 4 types of general wills?

A

Attested
Holographic
Notarized
Nuncupative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Under a ___ will, a testator may only distribute their ___ property, as distributing ___ property would violate the statue of frauds

A

Nuncupative
Personal
Real

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A ___ will is a handwwritten will that is created by the testator

A

Holographic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A ___ will is notarized by a proper notary public

A

Notarized

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Under ___ compliance, all standards must be complied with exactly how they are explained in the statute or the will is ____

A

strict

invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

substantial
valiid
complied with
necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Harmless error is the ____ standard

A

UPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Under harmless error, standards do not have to be ___ complied with, so long as there is no ___ or ____ impact on the will’s validity

A

Strictly
harmful
negative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In the case of an attested will, it can be signed by _____ if done 1) at the ___ request and 2) in the testator’s ____

A

someone other than the testator
testators
concious presence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

There must be ___ witnesses for an attested will

A

2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A proxy signature is _____ at the direction of the ___, which is signed in the testator’s _____

A

signed
testator
conscious presence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the 3 different ways a testator can “sign” an attested will?

A

Full legal name
a cross or an x
an abbreviation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In a ___ jx, the signature or mark is required to be ____ or the will is ___

A

subscription
at the bottom/end of the document therof
invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The presence of witnesses can be done by ___, ____, or ____

A

line of sight
conscious presence
simultaneous presence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Under the ___ test, the testator must ___ see the signature take place

A

Line of sight

physically

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Conscious presence is the ___ standard

A

UPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Simultaneous presence is the ___ standard

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Under the ____ standard, the testator must have sight, hearing or ____ that the writing is being signed

A

Conscious presence

general comprehension and awareness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Under the ___ standard, the testator and the ___ must be present with the signing occurring ____

A

simultaneous presence
witnesses
at the same time

20
Q

Historically, you could not be a ____ and a ___ of the will,so you would be ____ as a witness

A

competent witness
beneficiary
disqualified

21
Q

Under the English Purging Statute, a witness is ___ of their gift

A

purged

22
Q

Under the ___ and substantial minority of states, you can be a ___ and a ____ of the will

A

UPC
witness
beneficiary

23
Q

A ___ provides a written and sworn testimony

A

self proving affidavit

24
Q

With the use of self proving affidavits, witnesses are not required to be ___ during probate

A

present

25
Q

T/F

attorneys are not required to use self-proving affidavits

A

False.

Attorneys are required to use self-proving affidavits.

26
Q

A will must be:

(i) in writing
(ii) signed by the testator or in the testators name by some other individual in the testators conscious presence and by the testators direction AND

Either

(a) signed by 2 individual, each of who signed within a reasonable time after the individual witnessed either the signing of the will or the testator’s acknowledgment of that signature OR
(b) Acknowledged by the testator before a notary public

A

UPC 2-502(3)

27
Q

An ____ must be:

(i) in writing
(ii) signed by the testators or in the testators name by some other individual in the testators conscious presence and by the testators direction AND

(a) signed by AT LEAST 2 individuals, who signed within a reasonable time after they witnessed the signing of the will or the testator’s acknowledgment of that signature

A

attested

28
Q

How can an attested will be attested?

A

with witnesses or with witnesses and an attestation clause

29
Q

If there is an attestation with no clause, the ___ at the date of death will be required to ____

A

witnesses

establish necessary facts

30
Q

Absence of an ____ does not invalidate a will

A

attestation clause

31
Q

What is the purpose of a self-proving affidavit?

A

To limit the bases upon a which a will may be contested to those of fraud, forgery, undue influence or lack of capacity

32
Q

Holographic wills must show -___

A

Testamentary intent

33
Q

For a holographic will, which generation requires the document to be entirely written and signed in the testator’s handwriting?

A

First generation

34
Q

For a holographic will, which generation requires the signature and material provisions to be written entirely in the testator’s handwriting?

A

Second generation

35
Q

Under the surplusage theory, A valid holographic will can be executed on pre-printed forms if the printed portion could be ___ and the handwritten portion still ___ the testator’s will

A

eliminated

evidences

36
Q

Which theory states “The handwritten portion of the instrument SHOULD BE given effect as a holographic will if it makes SENSE WITHOUT THE TEXT NOT WRITTEN BY THE TESTATOR”

A

Surplusage

37
Q

For a holographic will, which generation allows extrinsic evidence to be admitted in order to establish the testator’s intent?

A

Third Generation

38
Q

Under the UPC, witnesses must sign withing a ___

A

reasonable time

39
Q

A codicil ___ the will

A

supplements

40
Q

An ______ in a will recites that the will was duly executed.

A

attestation clause

41
Q

A _____is a supplement to a will that alters, amends, or modifies the will, rather than replacing it.

A

codicil

42
Q

A codicil must be executed with the same formalities as a ______

A

will

43
Q

An _____ is a witness who stands to benefit if the testator’s will is valid

A

interested witness

44
Q

Which 3 wills does the UPC recognize?

A

Attested
Holographic
Notarized

45
Q

What do attested, holographic and notarized wills all have in common?

A

Must be signed by the testator