Wills

Question 1

Valid Will Elements

Answer 1

1) Testamentary Capacity + Intent
2) Signed by Testator
3) In presence of 2 witnesses who also sign

Question 2

3 Ways Will Revoked

Answer 2

1) Operation of Law, 2) Physical Act, 3) Subsequent Instrument

Question 3

Revocation by Physical Act

Answer 3

Sufficient physical act (cutting, burning, tearing, destroying, canceling) + Contemporaneous intent to revoke

Question 4

Revocation by Written Instrument

Answer 4

By subsequent will, codicil, writing with same formalities as a will

Question 5

Revival

Answer 5

Same formalities as a will - meaning holographic will can be revived by same formalities as holographic will

Question 6

Holographic Will Requirements

Answer 6

1) Wholly in the handwriting of the testator
2) Signed by the testator (in such a way to make it manifest its intended as a signature)
3) Evidences testamentary intent on its face
4) Proved by two disinterested witnesses (the handwriting)
- Also gotta have capacity