Wills

Question 1

Attested Will Requirements

Answer 1

Writing
Signed by Testator
In presence of 2 witnesses
Witnesses sign will understanding that instrument is T’s will

Question 2

Holographic Will Requirements

Answer 2

Signed by Testator and

Material provisions are in Testator’s handwriting

Question 3

Interested Witnesses

Answer 3

Unless two disinterested witnesses are present, presumption that an interested witness secured gift by wrongdoing

N/A if interested W is a fiduciary

Question 4

Valid Will Requirements

Answer 4

Legal Capacity
Testamentary Capacity
Testamentary Intent
Formalities

Question 5

Legal Capacity

Answer 5

Testator must be 18 years or older

Question 6

Testamentary Capacity

Answer 6

Testator must be able to understand what he is doing, comprehend the effect of what he is doing, know the natural objects of their bounty, understand the extent of his property and know all at the same time

Question 7

Testamentary Intent

Answer 7

Testator intended the executed instrument to be his will

Question 8

Will Contests- Insane Delusion

Answer 8

Testator had false belief that was the product of a sick mind, no evidence to support the belief, and delusion affected the will

Question 9

Will Contests- Fraud

Answer 9

Representation of material fact known to be false by the wrongdoer for the purpose of inducing an action or inaction and does in fact induce an action or inaction

Question 10

Will Contests- Fraud in Execution

Answer 10

Signature forged or doesnt know he is signing a will

Entire will invalid

Question 11

Will Contests- Fraud in Inducement

Answer 11

Wrongdoers representation effects contents of will, only affected part invalid

Question 12

Will Contests- Undue Influence

Answer 12

Elements:

Susceptibility, opportunity, active participation, unnatural result