Wills Flashcards
What is required for an attested will?
Writing Signed by testator Two witnesses to signature Present testamentary intent Can be valid if it meets California requirements, even if it was executed in another state and didn't meet the requirement of that state
What is true of interested witness?
There is a rebuttal presumption of undue influence. The presumption is rebutted if there were at least two other disinterested witnesses. If presumption is not rebutted, can still receive amount under intestate succession.
What is required for valid holographic wills?
Handwritten
Material provisions (beneficiaries, items) aw included
Signature
No witness requirement
What are three methods of revocation?
Subsequent instrument
Physical destruction (act with intent)
Revocation by operation of law (divorce or dissolution)
Can a revoked will be automatically revived?
No.
What is the DDR?
Will is revived when it was revoked due to mistake of law or fact
How are extrinsic materials incorporated by reference?
The materials existed at the time the will was executed
Testator intended material to be incorporated
Material is described with sufficient certainty
What is a demonstrative gift?
A general gift from a particular source
What is abatement?
The reducing of gifts in a particular order of the estate does not have enough assets to satisfy the gifts in the will
What is ademption by extinction?
When a will makes a specific devise of property, but that property is no longer in the estate at the testator’ death.
Look to the testator’s intent to give general gift or trace specific gift to new form
What is an anti-lapse statute?
It gives items left to a beneficiary to his issue, when the beneficiary pre-deceased the testator
What are the elements of undue influence?
Susceptibility of the testator
Motive by the beneficiary to influence
Opportunity to influence
Causation (influence caused the result)
What is fraud in the execution?
A misrepresentation as to the character or contents of a will
