Wills-Test Tips-DWB

Question 1

Anything other than a full signature?

Answer 1

Signature issue.
Anything testator intends to be signature counts. Interrupted signature does not count.
(No Split)(Assess Strictness of Compliance)

Question 2

Witnessing requirements?

Answer 2

Line of Sight (CL)
Conscious Awareness (CA,UPC,MM)

Question 3

Delayed Attestation

Answer 3

In presence of testator (CL)
Reasonable Time (UPC, MM)
Life of Testator (CA)

Question 4

Temporal Witness Issues
W steps out and returns?
W signs before T

Answer 4

Start over when W returns

(CL) Start over after W signs

Question 5

Material below/after signature

Answer 5

Where must will be signed?
When was material added?
Is material holographic?
Printed portion as extrinsic evidence?

Question 6

Interested witness

Answer 6

Void will (CL)
Void gift to IW (some)
Purge gift to IW (MM)
Rebuttable Presumption of undue influence (CA)
Claimant bring misconduct charge (UPC)

Question 7

Analyzing Execution

Answer 7

1. Strict Absolute Compliance
2. Substantial Compliance
3. Harmless Error

Question 8

Holographic Will

Answer 8

Testamentary Intent very important
Reference specific language of writing
Argue both sides

Question 9

DRR

Answer 9

Dependent Relevant Revocation
Look for handwritten amendments to typed wills
= Revocation + Holographic, analyze each

Question 10

Extrinsic Evidence & Testator’s Intent

Answer 10

What about the testamentary instrument is the extrinsic evidence being offered to prove?
Validity: execution, capacity, revocation, … Admissible
Construction: Ambiguity only