Wills - Execution

Question 1

Testamentary Capacity - requires testator to have the capacity to understand:

Answer 1

• nature of their act
• nature & extent of their property
• who is the natural objects of their property
• understand above factors & be able to formulate an orderly scheme of disposition

Question 2

Testator Adjudicated Insane or Incompetent

Answer 2

lack capacity, rebuttable presumption (because person could have executed a will during a lucid moment)

Question 3

Execution Requirements for will or codicil

Answer 3

1. must be in writing
2. signed by the testator or in testator’s name by another at testator’s direction & in their presence
3. attestation, either:
   
   1. signed by 2 witnesses in the testator’s presence (and testator signs in front of witnesses); or
   2. acknowledged by the testator before a notary public

⚠️UPC accepts either attestation method

Question 4

Where should testator sign on their will?

Answer 4

At the end

Question 5

Conscious Presence Test

Answer 5

Presence requirement for witnesses is satisfied if each party was conscious of where the other parties were and what they were doing, and the act of signing took place within the general awareness and cognizance of the other parties.