Wills - requirements & formalities

Question 1

What are the 6 formalities of a will?

Answer 1

1) signed by the T;
2) signed @ the end of the will;
3) signed in the witnesses’ presence;
4) two attesting witnesses;
5) witnesses sign in T’s presence;
6) witnesses sign in each other’s presence.

Question 2

What are the 4 requirements to make a will?

Answer 2

1) legal capacity to make a will;
2) 18 years or older;
3) present testamentary intent;
4) in writing.

Question 3

May the beneficiaries act as witnesses?

Answer 3

Yes.

Question 4

Can a proxy sign for the T?

Answer 4

Yes, as long as it’s @ the T’s direction & in T’s presence.

Question 5

What are the 3 requirements for presence?

Answer 5

1) T sign in witnesses’ presence;
2) witnesses sign in T’s presence;
3) witnesses sign in each other’s presence.

Question 6

Does FL follow the “scope of vision” or “conscious presence” test for presence?

Answer 6

Scope of Vision

Question 7

Does FL recognize foreign wills (wills made outside of FL)?

Answer 7

Will is valid if (1) T is a nonresident of FL and (2) will is valid in jurisdiction where it was made