Week 6 Flashcards

Question

What is "In re Will of Ranney" about? Facts? Issue? Holding? Rationale? Rule? How is different from Pavlinko and Snide?

Answer 1

Substantial compliance/harmless error Two people intending to serve as witnesses to a will signed a sworn affidavit stating they had previously signed their names as witnesses on a will. The attorneys facilitating the will execution ceremony believed the affidavit was sufficient to meet the statutory requirements. The Appellate Court held that the affidavit literally satisfied statutory requirements even though the will did not have an attestation clause. Substantial compliance: A statute that allows a signed affidavit by attesting witnessed to be submitted along with the will requires that the witnesses have first signed the actual will. If a will is not formally executed in compliance with statutory requirements, then that will may still be admitted to probate if its substantially complies with those requirements. Because there is no stated policy in either of those, unlike in NJ (this case)

Answer 2

Original will drafted and executed. 13 years later, joint will is drafted for husband and wife. Attorney said its OK to execute the draft; they sign it and attorney notarizes it without witnesses. Joint will revoked prior will. Harmless error rule: A document that is not properly witnessed by two people who see the testator sign the will and also sign themselves may be probated if the proponent of the document establishes by clear and convincing evidence that the decedent intended that document to be his will.

Answer 3

harmless error, because you can botch something; not even attempt something, whereas substantial seems to require a failed attempt

Answer 4

If these two, then OK: 1. Signature is in handwriting of testator 2. Material provisions are in the handwriting of the testator Testamentary provisions need not be in handwriting of testator

Answer 5

1. Testamentary provision - this document is intended to be used to dispose of my property; this is my will 2. Dispositive provision - provisions that give things to people (dispose of property)

Answer 6

Holographic wills Harry A. Kimmel wrote a letter to his sons discussing the affairs of his life and disposing of a certain amount of property in the case that a particular event occurred. Kimmel died the same day that he wrote the letter. Kimmel’s heirs at law appeal a decision by the register of wills court admitting the letter to probate. Valid will? Yes Had finality of intetion to transfer A document that is a formal will is testamentary in character and may be admitted to probate if the attenuating circumstances before and at the time of the testator’s death, along with the wording of the will, express the intent to make a gift of property at death. Need finality of intention to transfer.

Answer 7

Holographic wills Gonzalez wanted to prepare a will before a trip to Florida, and filled in the blanks of a pre-printed will form. Gonzalez indicated he planned to leave an equal share to three of his five children. Gonzalez showed his brother and sister in law the completed form. No one signed the form as a witness. Gonzalez’ sister in law witnessed him sign the completed form, as well as a blank form he intended to use at a later date to make the will more neat. Three witnesses signed the blank form. Gonzalez dies prior to completing the second form. The three heirs sought to enforce the will over the objecting of the two disinherited children. The probate court found a valid will and the appellate court affirmed. Valid holographic will? Yes Preprinted parts of the will, not in his handwriting, come in as evidence of testamentary intent. Didn't intend this document to be his will, shown by signed blank form and cross-outs. Died before he could finish editing the will. Signed twice.

Answer 8

No, not needed

Answer 9

This is my last will and testament; look out for frauds, etc.

Answer 10

Has an explicit direction from the writer that says lock it up, it may help you out

Answer 11

at the time, did the testator want it to be the document admitted to probate; finality of intention to transfer extrinsic evidence is allowed

Answer 12

1. ritual - the performance of some ceremonial for the purpose of impressing the transferor with the significance of his statements 2. evidentiary - supply satisfactory evidence to the court 3. protective - prophylactic purpose of safeguarding the testator 4. channeling - standardization of form simplifies administration

Answer 13

1. Writing 2. Signature by the testator 3. Attestation by witnesses

Answer 14

Attestation A widow challenges the validity of a will where both witnesses acknowledged a testator sign his will, but were not present at the same time. Is will valid if it is witnessed by two people in front of the testator if the witnesses were not together? No Though a will represents the testator’s testamentary intentions, it is not valid if the testator does not acknowledge his signature or sign in the presence of two witnesses who are together at the time the testator signs or acknowledges his signature. Yes; that's what the statute says

Answer 15

The will shall be witnessed by being signed, **during the testator's lifetime**, *by at least two persons* each of whom: 1. being **present at the same time**, witnessed **either** the signing of the will **or** the testator's acknowledgment [of the signature] or [of the will], and 2. understand that the instrument they sign is the testator's will. 6110(c)(1) 6110(c)(2): If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph **if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator's will. **

Answer 16

Attestation Homer Haskell executed a will at bank, but not in the presence of two witnesses who did not witness him signing or acknowledging his will. The trial court admitted the will to probate finding that the will substantially complied with the statute while the Circuit Court overruled their decision. Is a will valid where the witnesses do not see the testator sign the will or acknowledge the will, nor does the testator see the witnesses sign the will or acknowledge their signature, even though the execution takes place a one location and the two witnesses are informed that the testator is attempting to execute his will. No; it's not valid. A will is not valid if the testator did not sign in it or acknowledge his signature in the presence of two witnesses, who are together, and sign their name or acknowledge their signature on the will. The law favors intestacy over intestacy but this Court has held that a valid will must have testamentary intent and execution in a manner provided by the code, concurrently.

Answer 17

In the conscious presence greater the distance, less likely to be conscious presence

Answer 18

No, just witness either the signing of the will or the testator's acknowledgment of the signature or of the will and understand that the instrument they sign is the testator's will, at the same time

Answer 19

any mark that was intended to adopt the will No, by common law

Answer 20

Yes Not a will until signed by testator