Wills

Question 1

What do most states require for valid will execution?

Answer 1

Most states require that the will be signed by the testator and by two witnesses who must sign in the testator’s presence.

Question 2

What is a holographic will?

Answer 2

A holographic will is a will that is all or mostly in the testator’s handwriting and signed by the testator.

Question 3

Republication by Codicil

Answer 3

A will is treated as having been executed (republished) on the date of the last validly executed codicil. The will must have been validly executed.

Question 4

Incorporation by Reference

Answer 4

A document that is not present when a will is executed may be incorporated into the will by reference so that it is considered part of the will.

Question 5

What is needed to incorporate a document by reference?

Answer 5

1. The document must be in existence at the time the will was executed;
2. The language of the will must sufficiently describe the writing to permit its identification; and
3. The will must manifest an intention to incorporate the document.

Question 6

Slayer Statute

Answer 6

One who feloniously and intentionally brings about the death of the decedent forfeits any interest in the decedent’s estate. The property passes as though the killer predeceased the decedent.

(Note: Does not bar someone from taking a share of an estate because they killed another person, even if that person is the source of the decedent’s property.)

Question 7

Ademption

Answer 7

When specifically bequeathed property is not in the testator’s estate at death, the bequest fails.

Question 8

Identity theory of ademption

Answer 8

Most courts apply the identity theory of ademption, which uses an objective test: the testator’s intent is irrelevant.

Question 9

Specific bequest of stock shares

Answer 9

Common Law: A specific bequest of stock includes any additional shares produced by a stock split but not those produced by a stock dividend.

UPC: A specific bequest of stock includes stock dividends