Wills

Question 1

Elements of a Gift

Answer 1

AID

A - ACCEPTANCE (presumed unless facts show otherwise)

I - donative INTENT

D - DELIVERY - actual, constructive, escrow delivery

Question 2

Gift Causa Mortis. - elements and how revoked

Answer 2

Condition AID gift – it is a gift made in fear of the donor’s impending death from an existing sickness or peril.

NO GCM in real property

How revoked: expressly before death, doesn’t die, donee predeceases donor, dies from something else

Question 3

Holographic Will

Answer 3

a will done in writing. recognized in some states. no witnesses required

Question 4

elements for proper execution of a will

Answer 4

SWEPT

S - signed
W - writing
E - signed at the end
P - published
T - two witnesses

Question 5

Doctrine of Independent Significance

Answer 5

distribution of T’s will can be made by referencing facts outside of T’s will if they have independent significance
(ex- marriage license, list of employees)

Question 6

contesting will’s validity

Answer 6

DIET

D - DECEIT or fraud
I - undue INFLUENCE
E - improper EXECUTION
T - lack of TESTAMENTARY capacity - must understand extent of estate and the natural objects of his bounty

Question 7

TESTAMENTARY capacity

Answer 7

• at least 18 years old

- of “sound mind” must understand extent of estate and the natural objects of his bounty