Wills Flashcards
What do most states require for valid will execution?
Most states require that the will be signed by the testator and by two witnesses who must sign in the testator’s presence.
What is a holographic will?
A holographic will is a will that is all or mostly in the testator’s handwriting and signed by the testator.
Republication by Codicil
A will is treated as having been executed (republished) on the date of the last validly executed codicil. The will must have been validly executed.
Incorporation by Reference
A document that is not present when a will is executed may be incorporated into the will by reference so that it is considered part of the will.
What is needed to incorporate a document by reference?
- The document must be in existence at the time the will was executed;
- The language of the will must sufficiently describe the writing to permit its identification; and
- The will must manifest an intention to incorporate the document.
Slayer Statute
One who feloniously and intentionally brings about the death of the decedent forfeits any interest in the decedent’s estate. The property passes as though the killer predeceased the decedent.
(Note: Does not bar someone from taking a share of an estate because they killed another person, even if that person is the source of the decedent’s property.)
Ademption
When specifically bequeathed property is not in the testator’s estate at death, the bequest fails.
Identity theory of ademption
Most courts apply the identity theory of ademption, which uses an objective test: the testator’s intent is irrelevant.
Specific bequest of stock shares
Common Law: A specific bequest of stock includes any additional shares produced by a stock split but not those produced by a stock dividend.
UPC: A specific bequest of stock includes stock dividends