execution of wills

Question 1

what is a codicil

Answer 1

supplement to a will that modifies the will

Question 2

validity and effect of will with respect to real property determined by which state

Answer 2

state where property is located

Question 3

validity and effect of will with respect to personal property determined by which state

Answer 3

testator’s domicile at death

Question 4

what is a savings statute

Answer 4

most states will consider a will valid not only if it complies with local law but also

1. where it was executed
2. testator’s domicile at time of will execution
3. testator’s domicile at death

Question 5

list (5)

what testamentary capacity (sound mind) does testator need to have

Answer 5

1. T understands nature of their act (understand they are making a will)
2. T understands the effect of what they are doing (disposing of property)
3. T understands nature and extent of their property
4. T understands who their family members are
5. T needs to do all of the above together

Question 6

Formal requirements for will execution

Answer 6

1. will is in writing
2. will signed by testator
3. two attesting witnesses
4. T signs will in physical presence of W’s
5. W’s sign in physical presence of T’s presence (sees or hears)

some states add

1. signature at end of will
2. T must “publish” will - W’s know they are signing a will
3. witnesses sign in presence of each other

Question 7

what does the intent of the testator have to be

Answer 7

intent to have the operative instrument be their will

Question 8

holographic wills

Answer 8

in T’s handwriting and has no attesting witnesses

Question 9

oral wills (rare)

Answer 9

only for disposition of personal property

ie soliders/sailors or a sick person in contemplation of death with belief that death is imminent