Flashcards in Quiz 3 Vocab Deck (19):
Clause in the will that sets out how the taxes, debts, funeral expenses and medical expenses are to be paid or apportioned.
Legal Ability to create a Will. Two criteria, Age and mental state.
a moment when an incompetent, as adjudicated, can execute a valid will. A rational moment
a dominant party takes advantage of their position in entering a contract with a party under their influence
Will that is completely handwritten.
affirming before a notary public will subscribe the testator and the witnesses signed in their presence and in the presence of each other. It can serve as testimony in court.
An amendment to a will.
incorporation by reference
a reference to an outside document, making that document part of a contract (Will).
dependent relative revocation
If second will is invalid, the first will that was revoked is reinstated.
A contract – One will for both parties. one cannot revoke their will without the consent of the other party
a/k/a reciprocal wills - also a contract–two wills but contain an agreement the survivor will not change their will after the other dies.
challenges the validity of the testator’s will after their death.
in terrorem clauses
anyone who contests the will forfeits their interests.
attestation of a will
Act of witnessing the perfor4mance of statutory requirements to valid execution.
Literally means “to go underneath”. (Sub = under) Goes at the bottom of the page. Witnesses sign the will below the testator’s signature.
passing to the first born (eldest) male child. Excluded females.
Dead Man statute
Evidentiary rule that prohibits a beneficiary testifying for their own interest and against the interest of the decedent.