Wills - Execution and Validity Flashcards
What are the three execution requirements for a will?
(1) In writing
(2) Signed by testator
(3) Signed by and in the presence of two witnesses
Can a third party sign for the testator?
Yes, as long as it is at the testator’s discretion and the testator is present
What is the common law rule for interested witnesses?
Beneficiary may not serve as a witness
What is the modern majority rule for interested witnesses?
Beneficiary can serve as a witness, but bequests to the witness are purged to the extent it exceeds what the beneficiary would receive through intestacy
Wha is the UPC rule for interested witnesses?
Beneficiary can serve as a witness without losing benefits
If there are more than 2 witnesses, may a witness be interested?
Yes, so long as their testimony is not required to prove the validity of the will
May minors execute wills?
No
What are the four capacity requirements for a valid will to be formed?
Testator must understand:
(1) The nature and extent of his property
(2) His relatives or loved ones
(3) The effect of making a will
(4) Relation of these elements to one another
What is the insane delusion rule?
A will is void if:
(1) the testator suffered from an irrational belief; and
(2) the irrational belief affected the testator’s formulation of the will in whole or in part
What is a holographic will?
A will handwritten and signed by the testator that is not made in the presence of witnesses
Are holographic wills valid?
Yes, unless a statute provides otherwise
Under the UPC and modern statutes, will typed material on a holographic will invalidate the will?
No, so long as all of the material language is handwritten
What is a self-proved will?
A will that:
(1) the testator has acknowledged
(2) the witnesses have executed affidavits that substantially comply with the statutory form
(3) witnesses executed before a notary
What is a conditional will?
A will that the testator intended to be subject to a condition precedent
What factors will a court consider when determining whether a testator intended the will to be a conditional will or if the testator merely manifested a motive to execute the will?
(1) Testator’s statements following execution
(2) Storage after the contingency lapsed
(3) Testator’s education level and knowledge of the law
(4) Whether there are any other testamentary documents
(5) Whether setting aside the will results in intestacy
(6) Whether effectuating the will would result in an inequitable distribution
