Wills

Question 1

Do most states requires exact compliance w/ will?

Answer 1

Yes ( few allow minor deviation)

Question 2

Law used for personal prop?

Answer 2

Law of state of domicile of deceased

Question 3

Law used for real prop?

Answer 3

Situs (law where located)

Question 4

Requirement for valid will

Answer 4

1. Legal capacity
2. Testamentary capacity
3. Testamentary intent
4. Formalities

Question 5

Legal capacity

Answer 5

At least 18 years old (or younger if married or military)

Question 6

Testamentary capacity

Answer 6

Know what doing, effect, general knowledge of prop, recognize fam (all at same time)

Question 7

Testamentary intent

Answer 7

intended instrument to be a will

Question 8

Formalities

Answer 8

In any writing
Signed by testator
2 witnesses

Question 9

Testators signature

Answer 9

Very broad (can be stamp, nickname, initial, etc)

Question 10

Can a proxy sign the will for the testator?

Answer 10

Yes! As long as in testators presence @ his direction

Question 11

Self proving affidavit

Answer 11

Substitute of testimony of witnesses to speed up probate

Question 12

Holographic will

Answer 12

Will in testators handwriting

Don’t need witnesses in some states

How much hand writing? Varies
•majority: virtually everything
•minority: only material provisions

Question 13

Oral will

Answer 13

Invalid in most states