Wills

Question 1

Execution of Valid Will

Answer 1

Valid will requires that it is in writing, acknowledged and signed by the testator with present testamentary intent in the joint presence of at least two witnesses, who also sign the will.

Question 2

Execution of Holographic Will

Answer 2

Valid holographic will requires that all material provisions are in testator’s handwriting, that it is signed by testator and need not be witnessed.

Question 3

Testamentary Capacity and Intent

Answer 3

Must be at least 18 years old and of sound mind - no mental disorder or lack of mental capacity
- understand nature of testamentary act
- nature and extent of property
- relations to beneficiaries

Intent can be prevented by DMFU

Question 4

Fraud (MMF)

Answer 4

(1) Misrepresentation of material fact
(2) Known to be false by wrongdoer
(3) with the intent to a person of property or legal rights
(4) DOES in fact deprive

Question 5

Common Law Undue Influence

Answer 5

SOUP.
S = Susceptible to the influence (testator)
O = Opportunity to influence (beneficiaries)
U = Unnatural disposition of property (testator)
P = actively Procuring Disposition (beneficiaries) or active participation by influencer

Question 6

Conflict of Laws

Answer 6

Must comply with the law of the place where testator is domiciled at the time of execution or domiciled at the time of death or where the will was executed.

Question 7

Incorporation by Reference

Answer 7

Will may incorporate another writing not executed with testamentary formalities if
(1) document is in existence at execution
(2) will shows intent to incorporate and
(3) writing is described in the will with sufficient certainty