Witnessed Wills

Question 1

Traditional formalities

Answer 1

1) In writing 2) signed by either i) Testator (nicknames are okay, X if illiterate) ii)third person in testator’s presence and direction iii) Conservator pursuant to court order. 3) signing before two witnesses present simultaneously (can acknowledge a previous signature before 2 witnesses) 4) witness signs within testator’s lifetime 5) witness knows it’s T’s will

Question 2

“Harmless Error Rule”

Answer 2

If it was not signed with 2 witnesses at same time, or they signed after T’s death, or witness didn’t know it was the will, just need to establish by “clear and convincing evidence” testator intended that will to be it.

Question 3

Codicil and harmless error

Answer 3

not clear if harmless error applies, if on bar, examine under traditional approach then do harmless error.

Question 4

California traditional formalities

Answer 4

witnesses don’t need to sign together or in presence of testator, witness just needs to know this is the will, signing ANYWHERE on the doc is chill. If testator signs after witness it is still under substantial compliance.

Question 5

Who is interested witness

Answer 5

someone who is a beneficiary, if he is part of signing will is NOT invalid but there is presumption of wrongdoing, IF he can’t overcome presumption, he takes gift so long as it does not exceed intestacy benefit.

Question 6

Conditional Will

Answer 6

When you write “this is my will in case I die on my trip”