Wills

Question 1

Three requirements to make a will

Answer 1

1. Testamentary Intent
   2) Capacity
   3) Formailities

Question 2

Undue Influence

Answer 2

-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

Question 3

Presumption of Undue Influence

Answer 3

wrongdoer was in confidential relationship with donor and there were suspicious circumstances surrounding the prepartion of will

Question 4

Fraud in the execution

Answer 4

the nature of the writing or contents itself
-invalid will

Question 5

Fraud in the inducement

Answer 5

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

Question 6

Mistake In execution

Answer 6

mistake as to the nature of the document
-invalid

Question 7

Mistake in the inducement

Answer 7

mistake as to true facts that cause testator to execute a will or clause
- no invalidation

Question 8

Formal requirements

Answer 8

1) writing
2) signed by testator
3) witnessed or acknowledged

Question 9

Harmless Error Rule

Answer 9

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

Question 10

Integration Rule

Answer 10

Any pieces of paper actually present at execution that are intended to be party of the will, will be part of the will

Question 11

Interested Witness

Answer 11

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

Question 12

Self proving will

Answer 12

deemed to satisfy all will execution requirements without the need for testimony

Question 13

Holographic Wills

Answer 13

handwritten by T
- only material portions and signature must be in T’s handwriting
-no witness’s required

Question 14

Conditional WIlls

Answer 14

-conditioned upon some event

Question 15

Joint or Mutual Wills

Answer 15

Allowed under UPC

Question 16

Codicils

Answer 16

may add, explain, or delete from prior will

Question 17

Incorporation by Reference

Answer 17

can validate a previous invalid will if coupled with first will

Question 18

Revocation

Answer 18

Physical act
Later valid will
Divorce

Question 19

Revocation by later valid will

Answer 19

Can be express or revoked by inconsistency

Question 20

Presumption for later will

Answer 20

prior will is presumed revoked if later will makes a complete disposition of T’s estate

Question 21

Dependent Relative Revocation (DRR)

Answer 21

if revocation was based on a mistake of fact or law, then undo or lift revocation if that’s what testator would likely prefer

Question 22

Revival

Answer 22

Generally, once a will is validly revoked, it cannot be revivied

Question 23

Exceptions to revivial

Answer 23

will is restated, re-executed, republished, or other clear evidence of intent to revive
- can be made by codicil

Question 24

Lost Wills

Answer 24

a will that can be traced to T’s possession, is presumed to have been destroyed

Question 25

Executed Copies

Answer 25

T signs a copy of a will, functions as original will

Question 26

Unexecuted Copies

Answer 26

no legal effect, revocation of unexecuted copy means nothing

Question 27

Grounds for contest

Answer 27

-lack of capacity
-undue influence
-mistake
-fraud
-ambiguity

Question 28

Patent Ambiguity

Answer 28

appears on face of document

Question 29

Latent ambiguities

Answer 29

language of will could benefit multiple parties or apply to different property

Question 30

In Terrorem Clauses

Answer 30

generally permitted, but will be construed narrowly
-Most states will hold clause if ineffectual if person affected has reasonable cause

Question 31

Incorporation by Reference

Answer 31

UPC allows if:
-writing was in existence at time of the execution
-will manifested intent to incorporate
-will describes writing sufficiently

Question 32

Facts of Independent Significance

Answer 32

a will may provide for the designation of a beneficiary or the amount of a disposition by reference to some future unattested act

Question 33

Personal Property List

Answer 33

UPC allows T to make a writing that lists personal property that T would like to transfer at death (can’t be money0

Question 34

Omitted Heirs

Answer 34

Generally, under UPC, T can disinherit child intentionally
-children living at time of execution that would have taken under intestacy

Question 35

Children After Execution

Answer 35

receives intestate share

Question 36

Slayer Act

Answer 36

any person who participates in the willful unlawful killing of T may not take

Question 37

Refusal to Support/Disertion

Answer 37

UPC requires some definitive legal act to bar surviving spouse