Wills

Question 1

Execution

Answer 1

A valid will requires:
1) a writing concerning the distribution of property upon death;
2) signed by the testator (or someone at their direction and in their presence);
3) witnessed by two disinterested individuals (present at the same time;
4) signed by the two witnesses during the testator’s lifetime;
AND
5) the witnesses must understand what they are signing/why

Question 2

Holographic Will

Answer 2

A handwritten will signed by the testator, but not witnesses.
Valid if signed by the etstator AND all material terms of the will are in the testator’s handwriting.

Question 3

Codicil

Answer 3

A codicil is an instrument that is made after a will is executed that modifies, amends, or revokes a will.
MUST satisfy the same formalities as a will.
Republishes the will, meaning it reverts back to the original date of the will, and can cure witness issues.

Question 4

Revocation/Termination

Answer 4

A will is revoked by physical act if:
1) the testator intended to revoke the will;
AND
2) the will is burned, torn, destroyed, or cancelled by the testator.

ALTERNATIVELY

Can revoke a will by executing a subsequent valid will or codicil.

Question 5

Distribution (Lapse/Anti-Lapse)

Answer 5

If a beneficiary does not exist at the time of a testator’s death, the gift lapses and returns to the residual estate, where it is distributed under testate succession rules.

CA has an anti-lapse statute, meaning the gift goes to the beneficiary’s issue.