Wills Flashcards
How to execute a valid will
1) In a writing
2) Signed
3) By testator or another
4) Attested in his presence
5) By competent witnesses
Signed
Mark + Intent
By testator or another
Can be by another person as long as it was done at the testator’s direction & in his conscious presence
Attested in T’s Presence
CL: Line of sight
ML: Conscious presence (hear?)
By Competent Witnesses
2 or more disinterested witnesses OR notary under MPC
If witnesses aren’t disinterested it won’t invalidate, their shares are reduced
Incorporation by reference
Adding extrinsic documents to a will is ok if
1) Intent
2) In existence at the time will was made
3) Sufficiently described in the will
Codicil
An addition or supplement to a will made after a will was executed
Must follow same formality requirements as a will
Original will is considered as republished
Effects of a codicil
Will not cure an improperly executed will
Will cure specific defects if the OG will was properly executed
Revocation by subsequent written instruments
A will is revoked if a subsequent will contains a revocation clause or inconsistent provisions
Revocation by cancellation
A will is revoked if a testator or another at his direction burns, tears, rips w/ intent to revoke
Partial revocation
If a will has marks of cancellation and is last known to be in the t’s presence, it’s presumed the testator intended to revoke
Dependent relative revocation doctrine
If a T revoked based on a mistake of law or fact, the revocation is ineffective if the testator wouldn’t have revoked if he had accurate information
Revival CL
The revocation of a subsequent will automatically revives the OG will
Revival ML
The revocation of a subsequent will only revives the OG will if the T had INTENT to revive
Anti-Lapse statute
Unless stated otherwise,
If NO anti-lapse statute, the devise will automatically pass into the residue
If anti-lapse statute, the devise will pass to the descendant’s
Ademption
If a specific devise is not in the estate at the time of death, the devise adeems/fails
Specific Devise
Real property
General Devise
$$
Demonstrative Devise
Money in an account
Ademption ML
If a specific devise is not in an estate at the time of death, the intent will control and the person will likely get a substitute
Slayer Statute
If a person intentionally and felinoniously kills someone, they’re barred from sharing in the estate
Treated as an anti-lapse statute
Disclaimers
B can disclaim their interest in a will
Treated as an anti-lapse statute
Devise to class
If one member of the class pre-deceases the others, it will get split among the remaining members
What is a class gift?
A gift to a group of people described collectively typically by their relationship to a common ancestor
