Wills Flashcards
Three requirements to make a will
- Testamentary Intent
2) Capacity
3) Formailities
Undue Influence
-extent donor was weakened by a condition
- extent wrongdoer participated in drafting of will
-whether will was prepared in secrecy or haste
- whether disposition of property is reasonable
Presumption of Undue Influence
wrongdoer was in confidential relationship with donor and there were suspicious circumstances surrounding the prepartion of will
Fraud in the execution
the nature of the writing or contents itself
-invalid will
Fraud in the inducement
fraud as to facts that induces someone to take action that affects distribution
-Would testator have made gift if they’d know true facts?
Will void clause affected by fraud and pass through residuary or intestacy
Mistake In execution
mistake as to the nature of the document
-invalid
Mistake in the inducement
mistake as to true facts that cause testator to execute a will or clause
- no invalidation
Formal requirements
1) writing
2) signed by testator
3) witnessed or acknowledged
Harmless Error Rule
Notwithstanding will formalities, any attempt to make a will, even if defective, will be validated if proponent proves by C&C evidence that T intended document to be will
Integration Rule
Any pieces of paper actually present at execution that are intended to be party of the will, will be part of the will
Interested Witness
A witness who is also a beneficiary
- does not invalidate the will, but can purge interested witness’s share in some states. Under UPC, interested witness is fine
Self proving will
deemed to satisfy all will execution requirements without the need for testimony
Holographic Wills
handwritten by T
- only material portions and signature must be in T’s handwriting
-no witness’s required
Conditional WIlls
-conditioned upon some event
Joint or Mutual Wills
Allowed under UPC
Codicils
may add, explain, or delete from prior will
Incorporation by Reference
can validate a previous invalid will if coupled with first will
Revocation
Physical act
Later valid will
Divorce
Revocation by later valid will
Can be express or revoked by inconsistency
Presumption for later will
prior will is presumed revoked if later will makes a complete disposition of T’s estate
Dependent Relative Revocation (DRR)
if revocation was based on a mistake of fact or law, then undo or lift revocation if that’s what testator would likely prefer
Revival
Generally, once a will is validly revoked, it cannot be revivied
Exceptions to revivial
will is restated, re-executed, republished, or other clear evidence of intent to revive
- can be made by codicil
Lost Wills
a will that can be traced to T’s possession, is presumed to have been destroyed
