Wills (brief, RS)

Question 1

define holographic will

Answer 1

in testator’s handwriting, signed by testator; need not be witnessed

Question 2

requirements for incorporation of a writing not executed with testamentary formalities by reference

Answer 2

other writing must meet requirements:
1. it existed at the time the will was executed
2. the testator intended the writing to be incorporated
3. the writing is described in the will with sufficient certainty so as to permit its identification

Question 3

describe common law lapse rule

Answer 3

if a beneficiary died before testator or before a point in time by which he was required to survive under the will, the gift failed and went to the residue unless the will provided for alternate disposition

Question 4

modern day anti lapse statute - describe

Answer 4

Under majority of statutes,
- if the gift was made to a relation (blood) of the testator
- within a specific statutory degree,
- and the relation predeceased the testator
- but left issue,
- the issue succeeds to the gift
- unless the will expressly states the contrary

Question 5

define abatement

Answer 5

gifts by will are abated, i.e. reduced, when the assets of the estate are insufficient to pay all debts and legacies