Wills & Trusts

Question 1

WILLS & TRUSTS

Will Execution Requirements

Answer 1

WILLS & TRUSTS

Will Execution Requirements

• A valid will requires
  
  1. a writing concerning the distribution of property upon death
  2. signed by the testator
     - or someone at his direction and in his presence
     - or appointed conservator
  3. signing must be witnessed by two disinterested individuals
     - both must be present at the same time
  4. witnesses sign the writing during the testator’s lifetime
     AND
  5. witnesses understand they signed the testator’s will

Exception

• After January 1, 2009, a will which
  
  • complies with the writing and signature requirements
  • but fails to comply with the witnessing requirements
  • MAY still be admitted to probate
  • if the proponent of the will is able to produce clear and convincing evidence that the testator intended the document to be her will at the time it was signed.

Question 2

WILLS & TRUSTS

Holographic Will or Codicil

Answer 2

Question 3

WILLS & TRUSTS

Omitted Child

Answer 3

Question 4

WILLS & TRUSTS

Trust Formation Elements

Answer 4

Question 5

WILLS & TRUSTS

Intestate Distribution

Answer 5

Question 6

WILLS & TRUSTS

Revocation by Subsequent Will or Codicil

Answer 6

Question 7

WILLS & TRUSTS

Omitted Spouse

Answer 7

Question 8

WILLS & TRUSTS

Trustee Duties Owed to Beneficiaries

Answer 8