Wills

Question 1

How to execute a valid will

Answer 1

1) In a writing
2) Signed
3) By testator or another
4) Attested in his presence
5) By competent witnesses

Question 2

Signed

Answer 2

Mark + Intent

Question 3

By testator or another

Answer 3

Can be by another person as long as it was done at the testator’s direction & in his conscious presence

Question 4

Attested in T’s Presence

Answer 4

CL: Line of sight
ML: Conscious presence (hear?)

Question 5

By Competent Witnesses

Answer 5

2 or more disinterested witnesses OR notary under MPC

If witnesses aren’t disinterested it won’t invalidate, their shares are reduced

Question 6

Incorporation by reference

Answer 6

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

Question 7

Codicil

Answer 7

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

Question 8

Effects of a codicil

Answer 8

Will not cure an improperly executed will

Will cure specific defects if the OG will was properly executed

Question 9

Revocation by subsequent written instruments

Answer 9

A will is revoked if a subsequent will contains a revocation clause or inconsistent provisions

Question 10

Revocation by cancellation

Answer 10

A will is revoked if a testator or another at his direction burns, tears, rips w/ intent to revoke

Question 11

Partial revocation

Answer 11

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

Question 12

Dependent relative revocation doctrine

Answer 12

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

Question 13

Revival CL

Answer 13

The revocation of a subsequent will automatically revives the OG will

Question 14

Revival ML

Answer 14

The revocation of a subsequent will only revives the OG will if the T had INTENT to revive

Question 15

Anti-Lapse statute

Answer 15

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

Question 16

Ademption

Answer 16

If a specific devise is not in the estate at the time of death, the devise adeems/fails

Question 17

Specific Devise

Answer 17

Real property

Question 18

General Devise

Answer 18

$$

Question 19

Demonstrative Devise

Answer 19

Money in an account

Question 20

Ademption ML

Answer 20

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

Question 21

Slayer Statute

Answer 21

If a person intentionally and felinoniously kills someone, they’re barred from sharing in the estate

Treated as an anti-lapse statute

Question 22

Disclaimers

Answer 22

B can disclaim their interest in a will

Treated as an anti-lapse statute

Question 23

Devise to class

Answer 23

If one member of the class pre-deceases the others, it will get split among the remaining members

Question 24

What is a class?

Answer 24

A gift to a group of people described collectively typically by their relationship to a common ancestor

Question 25

Generic descriptions

Answer 25

Typically whatever is in the will at the time of death

Question 26

Will contests

Answer 26

Undue Influence
Capacity