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Flashcards in Execution of Wills Deck (14):
1

Will Requirements

1. Signed writing
2. Witnesses
3. Testamentary Intent

2

Signature

-Entire will must be written or typed and signed by testator
-Signed at end or (some states) anywhere (but only controls what's above it)
- Any mark intended to be signature allowed

3

Capacity

Testator must be at least 18 and of sound mind (measured at time of execution)

4

Witnesses

Most states require will be signed in the presence of at least 2 witnesses

5

Majority Rule- Signing

1. Testator must sign or acknowledge the will in the presence of the witnesses; and
2. Witnesses must sign in the presence of the testator

6

UPC- Signing

Witnesses must sign within a reasonable time of the original signature by the testator

7

Line of Sight

Traditional
Witness and testator must observe or have the opportunity to observe the signing
of the will
• I.e., they are both in the same room

8

Conscious Presence

Modern
Witness or testator must be aware act is being performed, even if cannot see

9

Interested Witnesses

CL- interested witness not competent
-> Purge theory- interested W doesn't impact will validity, but court will purge any excess of what would be taken under intestate succession
UPC- abolished interested witness doctrine

10

Intent

Testator must have present intent to make testamentary transfer

11

Failure to Satisfy Formalities

CL/majority- strict compliance required
UPC/minority- substantial compliance; clear & convincing evidence decedent intended document to be will

12

Holographic Wills

-Informal; handwritten
-Don't need witnesses
-Must be signed
UPC- material provisions must be in testator's handwriting (others said any non-handwriting invalidated); allows extrinsic evidence of intent

13

Codicil

Supplement to a will

14

Will Substitutes

1. Joint tenancy
2. Revocable trust
3. Pour-Over will
4. POD contract
5. Deed