Wills

Question 1

Wills generally

Answer 1

• testamentary in nature
• revocable during lifetime of the maker
• operative only upon the testator’s death

Question 2

Codicil

Answer 2

supplement to a will
- alters, amends, or modifies a will
- follows same formalities as a will

Question 3

Mental Will Formalities

Answer 3

Intent to create a will:
- usually shown on the face of the will itself
- rebuttable presumption of intent

Testamentary Capacity:
- at least 18 years old or emancipated minor at time of will creation;
- and be of sound mind –> must understand: nature & extent of their property; the persons who are the natural objects of her bounty; and the nature of the disposition (effects of will)

Question 4

Physical Will Formalities

Answer 4

• signed by testator or by another person at T’s discretion & in T’s presence
• T must sign at the end (end of dispositions)
• T must sign or acknowledge the previous signatures in the presence of a witness
• must be at least 2 witnesses
• witnesses must sign in the T’s presence
• witnesses must sign in the presence of each other

Question 5

Scope of Vision Test

Answer 5

whether person was in such close proximity that they saw/could have seen the signing, had they looked

Question 6

Self-Proof Affidavit

Answer 6

Sworn affidavit signed by T & witnesses before a notary, reciting that T declared this to be his will and that the signature formalities were followed

Question 7

Integration

Answer 7

physical attachment, internal coherence of pages, or when the pages, read together, set out an orderly dispositional plan raises a presumption that they were present and intended to be part of the will when it was executed

Question 8

Incorporation by Reference

Answer 8

a doc may be incorporated by reference into a will if: (1) it is in existence at the time of execution, (2) is sufficiently described in the will, and (3) the will manifests an intent to incorporate the doc