Barbri Mc Cards

Front 1

Statutory Requirements for a valid Will

Back 1

(1) T of sound mind, and 18+ or emancipated
(2) will must be in writing
(3) T must sign will (liberal rule)
(4) at the end of the will (in time)
(5) in the presence of two witnesses (conscious presence)
(7) who sign in T's presence
(8) and in the presence of each other

Front 2

Must T always sign in the presence of the witnesses?

Back 2

NO, T can also acknowledge his signature in their presence later when they sign it

Front 3

Is there a publication requirement?

Back 3

NO, witnesses do not need to know the document is a will (obviously, T does)

Front 4

Does the order of signing matter?

Back 4

order of signing is immaterial if attestation ceremony is all part of one continuous, contemporaneous transaction

(although, normally T signs and then the witnesses)

Front 5

What is a holographic will and how are they handled?

Back 5

handwritten wills
SOME: holographic wills are allowed and would be entitled to probate IF in T's own handwriting and signed by T (requirement relaxed when will isn't typed)
FLORIDA and MOST:
do NOT recognize/give no "break" to handwritten wills (still need 2 witnesses to be valid)

Front 6

Is a handwritten will valid?

Back 6

About half of states - Not allowed. Not entitled to probate unless two attesting witnesses.

UPC and some other states: Valid if:
(1) Material provisions (ID property and beneficiaries) are in T's own handwriting, and
(2) signed by her.

Front 7

Discuss the presence requirement as applied to witnesses

Back 7

MINORITY:
"scope of vision" test = in presence = could see eachother sign if they were to look
MAJORITY:
"conscious presence" test - in presence = conscious of where each other are and what each other is doing

Front 8

What happens if T dies in another state than where domiciled and owns real estate in a third state, but the will is not valid for disposition in that third state?

Back 8

UPC and majority: will must have met the law of either place of execution, domicile at death, or decedent's domicile at the time of execution.

Front 9

What happens with an interested witness' signature?

Back 9

Majority: Does not result in denial of probate, but beneficiary-witness loses legacy unless:
(1) There were two other attesting witnesses (supernumerary rule); OR
(2) Witness-beneficiary would be an heir if there were no will in which case she takes lesser of (i) amount given in will, or (ii) intestate share.

UPC and modern trend: a will or any provision thereof is NOT invalid because the will is signed by an interested witness

Front 10

Proof of Wills - Generally

Back 10

oath of any one attesting witness taken before circuit judge or court clerk

it witnesses cannot be located or are incompetent, oath of PR that he believes the writing to be the decedent's last will

Front 11

Self-Proved Wills - Generally

Back 11

at time will is signed by T and attesting witnesses (or some time thereafter, in T's lifetime), T and witnesses sign self-proving affidavit under oath before notary public

Affidavit recites all elements of due execution

Formalities of execution (but not mental capacity, lack of fraud, undue influence, etc.) CONCLUSIVELY PRESUMED

Note: other issues are still open, but nobody can contest for want of formalities of execution

Note: witness' signature on the self-proving affidavit can be used to satisfy the "signed by two witnesses" requirement

Front 12

Statute of Limitations - Generally

Back 12

once administration of an estate is completed, everything is final

Thus, a later discovered will cannot be admitted to probate

(once closed, cannot reopen)

Front 13

Revocation - What is the best way to revoke a will?

Back 13

write it down, sign it with 2 witnesses

Front 14

Revocation - Physical Act

Back 14

revocation by physical act requires:
(1) intent to revoke AND
(2) physical act

Physical Act: refers to "burned, torn, canceled, obliterated, or destroyed"

Front 15

Revocation - Sufficiency of Physical Act

Back 15

an act of revocation on on executed copy revokes all executed copies (cancelled)

Front 16

Is drawing lines and writing "void" on each sheet enough to revoke?

Back 16

YES, but just drawing the lines on each sheet with the intent to revoke is enough too

Front 17

Is writing "void" on the back of the will enough to revoke?

Back 17

Majority: NO, must cross some of the language of the will (line through signatures, words, etc)

UPC: Will is canceled. Writing just has to be on will somewhere.

Front 18

Is writing void across each page of a copy of the will enough to revoke?

Back 18

NO, must do so on the original will itself, not a copy

Front 19

Revocation - Presumption if...

will in T's possession from tine of execution until death and found in mutilated condition after T's death

Back 19

Presumption --- T did mutilating with intent to revoke (will is presumptively revoked)

Front 20

Revocation - Presumption if...

Will last seen in T's possession and control, but not found after T's death.

Back 20

Reason it can't be found is that T destroyed with intent to revoke. (will is presumptively revoked)

Front 21

Revocation by a Physical Act of a Third Party (by proxy)

Back 21

revocation by another person must be:
(1) done at T's direction AND
(2) in T's presence

Front 22

How can you probate a will that has been destroyed?

Back 22

by satisfying "lost wills" statute:

(1) due execution must be proved by testimony of attesting witnesses
(2) contents must be clearly and distinctly proved by correct copy and 1 witness or other "clear and convincing proof"

Note: it doesnt have to be the same witnesses that signed the will

Front 23

What is a "correct copy"?

Back 23

a carbon or xerox copy, not a typewritten draft from which only a few minor changes had been made

Front 24

Are attorneys liable for wills?

Back 24

attorneys can be sued under negligence (tort liability) for improper wills

Front 25

Revocation by Inconsistency (with a codicil)

Back 25

where codicil makes no reference to will but contains slightly inconsistent provisions, to the extent possible the will and codicil are read together

BUT, to the extent of any inconsistent provisions, the later documents controls and thereby revokes by inconsistency the prior will

Front 26

Requirements of a Codicil

Back 26

must be executed in the same manner as the will in order to be valid

Front 27

Effect of Revocation of a Will

Back 27

also revokes all codicils thereto

BUT, revocation of a codicil to a will does not automatically revoke the will

instead, in the absence of contrary intent, it is presumed that testator intended his will as originally executed

Front 28

Impact of Divorce on Will

Back 28

divorce or annulment following a will revokes ALL provisions in favor of the ex-spouse

construe the will as if the ex-spouse were dead

Front 29

Impact of Divorce and then Re-marriage to the Ex on a will?

Back 29

UPC and most states: Back in the will.

Front 30

Impact of Separation on Will (no divorce)

Back 30

mere separation does NOT change a will

Front 31

Impact of Separation Accompanied by Complete Property Settlement

Back 31

settlement agreement is a waiver of interests within the will

construe the will as if the other were dead

Front 32

Once a will is typed, can T strike through a portion and handwrite something else before signing?

Back 32

the change will NOT be given effect UNLESS:
(1) after the change, T re-executes the will (sign it with 2 witnesses) OR
(2) T re-publishes the will be codicil (change on will, write out intent on separate paper stating intent to change, sign that with 2 witnesses)

original will - not revoked

BOTTOM LINE:
line with change next to it shows partial revocation intent, but nothing is revoked

Front 33

Depedent Relative Revocation - Generally

Back 33

allows court to disregard a revocation which is based on, induced by, premised on a mistake of law or fact if the court is satisfied that, but for the mistake, T never would have made the revocation

DRR will give you the next best thing to what T really wanted

STEPS:
(1) disregard a revocation (the destruction of 2nd will)
(2) because it was based on a mistake of law (that 1st one would be revived)
(3) provided the court thinks T would not have revoked 2nd will but for mistake

Front 34

if one will is executed, then another is executed later stating it revokes all prior wills...and the second will is ripped up to revoke it, what effect?

Back 34

Most states:

1st will: revoked upon execution of 2nd will stating intent to revoke all previous wills
2nd will: revoked by physical act (destroyed with intent to revoke)

Revival -- revocation of 2nd will does NOT revive the 1st one...the only way to revive is to re-execute or re-publish it by codicil, so T dies intestate

UPC:
Revived if 1st will exists and T wanted it revived.

Front 35

Incorporation by Reference of an extrinsic document-
► Requirements

Back 35

(1) extrinsic document MUST BE IN EXISTENCE at time will was executed
(2) will must MANIFEST INTENT to incorporate the document
(3) will must "describe the writing sufficiently to permit its identification"

Front 36

Incorporation by Reference -
► Exception to "must be in existence" requirement, and 3 requirements for incorporation to be valid

Back 36

List Disposing of Tangible Personal Property
Must:
► dispose of tangible personal property that is not otherwise in will and not used in trade/business
► signed by T
► describe items well

► may be written before or after will is executed,
► may be altered at any time

► if more than 1 version found, newest version controls where 2 versions contradict

Front 37

Acts of Independent Significance Doctrine

4 Situations

Back 37

will may dispose of property by reference to acts and events having an independent significance apart from impact on property disposition.

► ID of Beneficiaries - "my employees at time of death"
► ID of property - "my house and its contents"
► Pour over of probate assets into Inter Vivos trust amended after will is executed
► Acts of another person - "remainder to charity indicated in my brother's will (OK even if not yet written)"

Front 38

What if a will devises "my home and its contents"?

Back 38

household furnishings and works of act OK

stock certificates within NOT OK

car in the garage NOT OK (only those things that make a house a home are considered contents)

Front 39

Basic Lapse Rule

Back 39

(1) when a beneficiary named in the will or trust dies before (or within 120 hours of) the testator, the gift lapses and becomes PART OF RESIDUE, UNLESS SUBSTITUTE TAKERS ARE PROVIDED by state's anti-lapse statute.

Front 40

Anti-lapse statute:
► requirements
► When not applicable?

Back 40

►anti-lapse applies when the dead (or dead by law) beneficiary is T's grandparent OR LINEAL DESCENDENT OF THE GRANDPARENT
► Property goes to substitute taker under statute, NOT to predecedent's estate

► Anti-Lapse Statute does not apply if contrary to a provision in the will
► provision that says "$$$ to PD IF he survives me" --- is an explicit requirement: anti-lapse statute no longer applies, gift fails the will's terms, and is added to the residue

Front 41

Class Gift Rule

Back 41

when there is a gift by will to a class of persons generically described (the children of my friend X), and some class member predeceases the testator, and the lapse statute does not apply, the surviving class members take

Front 42

What happens when the residuary estate is devised to more than 1 person and 1 of them dies first?

Back 42

► Majority: Anti-lapse statute is applied if applicable. If anti-lapse statute is not applicable to PD, then the surviving residuary-beneficiaries take in proportion to their interests in the residue

► Minority: no residue of a residue, therefore falls out of the will and passes by intestacy rules

Front 43

SPECIFIC DEVISE/BEQUEST

Back 43

gift of a specific asset and that asset only

Example:
(1) I devise Blackacre to my son John.
(2) how about my car or all of my bank accounts? specific too --- will speaks as of death

Front 44

DEMONSTRATIVE LEGACY

and example

Back 44

hybrid -- gift of pecuniary amount with instructions on where it should come from

Example:
(1) I give the sum of $5,000, TO BE PAID OUT OF the proceeds of sale of my Acme stock, to my sister Sarah.

Front 45

GENERAL LEGACY

Back 45

gift of pecuniary amount

Example:
I give the sum of $10,000 to my daughter Donna

Front 46

RESIDUARY BEQUEST

Back 46

I give all the rest, residue, and remainder of my property to my wife, Agnes

Front 47

Order/Priority for Abatement - Generally

Back 47

when T's estate is partially insolvent, gifts are sacrificed to satisfy funeral expenses, expenses of administration, and creditors claims in this order:
(1) intestate property
(2) residuary bequest
(3) general legacy
(4) demonstrative legacy
(5) specific devise or bequest

Note: abatement rules also apply in satisfaction of elective and pretermitted shares

Front 48

ADEMPTION- Generally

Exemptions?

Back 48

if a specific device in a will is not a part of the estate during T's lifetime --- the gift is adeemed (and the person gets nothing). Partial ademptions exist too.

► if the specific device is for sale proceeds of item, gift is not adeemed if proceeds are traceable & part of the estate

► Interest in property as opposed to property itself -- e.g.: if device is of "my interest in Blackacre" then if Blackacre is sold in installments, Bene gets installments

Front 49

Ademption -- What about looking at T's intent?

Back 49

► Majority : court doesn't care
► UPC/Minority: evidence of intent is admissible to see if the property is missing/substituted from the estate for some reason (important where property's removal from estate did not result from testator's actions)

Front 50

Ademption:
What is the special rule regarding bequests of securities?

Two examples?

Back 50

Courts will construe a bequest of securities as a general legacy if possible to avoid ademption

- a gift of 200 shares -- general, not adeemed
- a gift of my 200 shares -- specific, ADEEMED!

Front 51

Ademption -
Application to General Legacies
Application to Demonstrative Legacies

Back 51

► Ademption does NOT apply to general legacies (bequest of a specific dollar amount) If necessary, something must be sold to find the cash)

►does not apply to demonstrative legacies specify a general amount that identifies a particular asset as the primary source of payment; (it will be funded from other estate property instead)

Front 52

Rules for Gifts from a Will or Revocable Trust - T is incompetent

Back 52

will executed before T declared incompetent: if specifically devised property is sold by guardian, or if condemnation award or insurance proceeds relating to the property are paid to the guardian...

the specific devisee has a right to a general legacy equal to the net sale price, condemnation award, or insurance proceeds UNLESS T's disability has been adjudicated to have ceased and T survives the adjudication by one year

Front 53

Under UPC, common law ademption applies except where changed by statute in what instances?

Back 53

Certain Proceeds to extent unpaid at Testator's death
►balance owing to T for sale of property under executory contract @ time of death
►condemnation award unpaid at time of death
► proceeds of casualty insurance unpaid at time of death
►property owned by testator as a result of foreclosure on a specifically devised obligation

Front 54

What happens when the specific devise of stock goes through splits & dividends after the execution of the` will?

Back 54

Common law: Stock splits count, but not stock dividends.

UPC: Both splits and dividends. "Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options"

Front 55

Exonerating the Liens -
►Paying of Encumbrances on Devised Property

Back 55

►Common Law: debts on property will be paid off

►UPC: a specific devisee of encumbered property is NOT entitled to have the encumbrance paid out of the residuary estate UNLESS the will shows such intent (a general direction in the will to pay debts does NOT show such an intent)

Front 56

Latent Ambiguity

Back 56

extrinsic evidence IS admissible to clear up ambiguities, in the absence of clarifying evidence, the gift fails and passes with residuary estate

Front 57

Ambiguities and Mistakes - Plain Meaning Rule

Back 57

you cannot disturb the plain meaning of a will with extrinsic evidence

Front 58

Blanks within a Will

Back 58

court will NOT fill in blanks in a will

Front 59

Intestacy Rules

►Decedent Survived by Spouse

Back 59

(1) if survived by spouse but NO issue (lineal descendants) - spouse takes 100%
(2) if survived by spouse and issue all of whom are issue of the surviving spouse, spouse takes, then issue after spouse dies.
(3) if survived by spouse and issue at least one of whom is not an issue of surviving spouse, spouse typically takes fixed amount off the top and fraction of any excess.

Front 60

Intestacy Rules:

►Decedent NOT Survived by Spouse

Back 60

(1) all to issue, if any (equally)
(2) if no issue, to parents or survivor
(3) if no issue or parents, to parents' issue (siblings)

(4) if no issue, parents or issue of parents, 1/2 to paternal grandparents and their issue and 1/2 to maternal grandparents and their issue
(5) no inheritance beyond grandparents or issue of grandparents...instead, it escheats (no inheritence to anyone else, goes to state)

Front 61

Disclaimer of Inheritance

Back 61

not required to take the inheritance, if you are solvent, you can disclaim

a solvent heir or will beneficiary can disclaim his or her interest in a decedent's estate

disclaimer, which can be total or partial, results in property passing as though disclaimant predeceased decedent

disclaimer can be made by guardian of minor or incompetent, or by PR of a deceased person

NOTE: under the FL disclaimer statute, a disclaimer may occur at any time prior to acceptance of the interest...BUT, to be effective for tax purposes, the disclaimer must occur within 9 months after decedent's death (for minor beneficiaries, the disclaimer must be made within 9 months of attaining 21)

Front 62

Inheritance Rules -
► Children that are put up for Adoption

Back 62

(1) child can inherit from adopted parents
(2) if biological mother dies, child cannot inherit from her (rights in adopted family only, and biological rights are severed)

EXCEPTIONS:
(1) step-parent adoption: if step-parent adopts child ----
(a) after biological father's death, the child inherits from adopted father, mother, and biological father's family members
(b) after divorce, but during biological father's lifetime -- child inherits from adopted father and mother, but loses right to inherit from biological father and biological father's family

(2) orphan adoption - if both parents die and the child is adopted by close family members -- no affect on relationship to inherit from biological family

Front 63

Issue intestacy rules

Back 63

Majority: Per capita with representation. 1 share for each line of descent.

UPC & modern trend (per capita at each generation level.)

Front 64

Simultaneous Death Act - Generally

Back 64

when passage of title to property depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, absent a will provision to the contrary, the property of each passes as though he survived

Front 65

Simultaneous Death Act - Rules (4)

Back 65

(1) WILLS - as though testator survived, as though beneficiary predeceased (generates lapse and potentially anti-lapse statute)
(2) INTESTACY - as though intestate survived and heir predeceased
(3) INSURANCE - as though insured survived, as though beneficiary predeceased (proceeds to alternate beneficiary)
(4) JOINT TENANCY WITH RIGHT OF SURVIVORSHIP - 1/2 as though tenant A survived, 1/2 as though tenant B survived

Note: simultaneous death prevents operation of right of survivorship, so 1/2 passes through each tenant's estate (treated like tenancy in common)

Front 66

Simultaneous Death Act -
►Time Requirement for Survival

Back 66

UPC: 120-hour rule requires spouse to survive for 120 hours to take as an heir or a beneficiary of a will

Will can override statute.

Front 67

Advancements of Inheritance -
►Intestate

Back 67

Common Law: advancements reduce inheritance...any lifetime gift to a child or descendants (including adopted) presumed to be an advancement (that is, an advance payment) of his intestate share, to be taken into account in distribution of the intestate's estate

Majority: exact opposite...no gift is an advancement UNLESS
(1) declared as such in a contemporaneous writing by the decedent OR
(2) acknowledge as such in writing by the heir

Front 68

Advancements of Inheritence -
►Testate
Doctrine of satisfaction

Back 68

a companion doctrine called satisfaction applies to testate estates

a lifetime gift is NOT a prepayment of any interest under a will UNLESS
(1) the will provides for this treatment
(2) the testator declares in contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, OR
(3) the devisee acknowledges in writing that the gift is in satisfaction (of interest in will)

Front 69

Rights of Surviving Spouse

Back 69

Usually some statute controls.

Front 70

Pretermitted Spouse (will written before marriage) - Generally

Back 70

pretermitted spouse gets an intestate share under the assumption that it was accidental to not revise to include the spouse in will

Front 71

Pretermitted Spouse - ► Exceptions

Back 71

presumption of intestate share does NOT APPLY IF:
(1) pretermitted rights waived in pre- or post-nuptial agreement
(2) spouse is provided for in will (but provision must have been made in contemplation of marriage..thus gift "to my friend W" whom T later marries does not count)
(3) will discloses intent not to provide for the spouse

Front 72

Spouse's Right to Claim Elective Share -
► What is an elective estate?
► What is an elective share?

Back 72

Elective estate includes net testamentary estate - probate estate less exempt property, family allowance, funeral expenses, expenses of administration and allowable creditors' claims.

Elective share typically a fraction of the elective estate. May increase based on duration of property.

Front 73

Pretermitted Children - Generally

Back 73

a pretermitted child is born or adotped after the will and is entitled to take an intestate share (what they would get if there were no will at all)

UNLESS:
(1) it appears from will that omission was intentional
(2) H had other children at execution of the will and substantially all estate left to parent of pretermitted child (omission seems intentional, as to all children)

Front 74

Pretermitted Children - Effect of Codicil after date of Birth

Back 74

the codicil makes the will as if it were executed on the date of the codicil, apply the same rules...but he will no longer be a pretermitted child

Front 75

Conduct Barring Party from Sharing in Estate

Back 75

a person who unlawfully and INTENTIONALLY kills the decedent is NOT entitled to any benefit from decedent's estate by will, by intestacy (including family allowance, exempt property, and homestead), as beneficiary of a revocable trust, life insurance contract or otherwise

Property passes as if killer predeceased decedent

jointly held property with right of survivorship passes 1/2 to killer and 1/2 as if killer predeceased decedent

Note: lapse is generated!!

Front 76

Will Contests - Standing

Back 76

anyone whose share of the estate would increase if the will contest were to be successful

Note: portion of the will disinheriting anyone who challenges it is VOID

Front 77

Will Contests - Lack of Testamentary Capacity - Test

Back 77

burden of proof is on the contestants....

TEST:
(1) did T understand the nature of the act he was doing?
(2) did T know the nature and character of his property?
(3) did T know the natural objects of his bounty?
(4) did T understand the disposition he wished to make? (practical consequences, not legal consequences)

Note: mere old age, physical frailty, sickness, failing memory, or vacillating judgment are not inconsistent with testamentary capacity if the testamentary prerequisites were possessed by T

Front 78

Will Contests - Lack of Capacity - Evidence

Back 78

evidence of T's capacity or lack of it must related to the circumstances at the time the will was executed, or shortly before or after

the more distant the time from the will's execution a particular fact may be, the less significance it has on the question in issue: did T, at the time the will was executed, have capacity?

Front 79

Will Contests - Lack of Capacity - Adjudication of Incompetence

Back 79

if T had been adjudicated incompetent and a guardian appointed, this is evidence of lack of capacity but it does NOT raise a conclusive presumption (ie, it will not support a directed verdict)

Reasons:
(1) the test for whether a guardian should be appointed is different from the 4-part test here
(2) even if T had a mental problem, the jury could find that T wrote the will furing a "lucid" interval

Front 80

Will Contests - Lack of Capacity - Insane Delusion

Back 80

a distinctive form of testamentary incapacity: where T is otherwise sane, but the will (or a gift in the will) is a product of an insane delusion, having no basis in fact ot reason, which T adheres to against all reason and evidence, and where the will (or gift in the will) is the product of the insane delusion

Front 81

Will Contests - Undue Influence

Back 81

burden of proof is on the contestants, who must show:
(1) existence and exertion of the influence
(2) effect is to overpower the mind and will of the testator
(3) the result is a will that would not have been executed but for the influence

influence is NOT undue unless the free agency of the testator was destroyed and a will produced that expresses the will, not of the testator but of one exerting the influence

Front 82

Will Contests - Undue Influence - Proof

Back 82

NOT ENOUGH:
(1) mere opportunity to exert influence
(2) mere susceptibility to influence due to illness, age, etc (such evidence does not, by itself, establish that T's mind was in fact subverted and overpowered)
(3) mere fact of "unnatural disposition" -- that some children take less than others or are excluded entirely...it is only where all reasonable explanation for the devise is lacking that the trier of facts may take this circumstances as a badge of undue influence

Note: undue influence may be shown to the entire will, or as to one gift within the will

Front 83

Will Contests - Undue Influence - Presumption

Back 83

there is a presumption of undue influence upon a showing that a principal beneficiary under the will who stands in a confidential relationship to the testator (attorney-client, priest-parishioner, doctor-patient) draws or procures the execution of the will

suspicious circumstances may also tend to show undue influence...(relative stranger insinuates himself with T when T, because of mental or physical condition or age is susceptible to influence, and T then writes will that disinherits children)

Front 84

Estate Admnistration - Appointment of Personal Representative

Back 84

PR is appointed to manage the estate during administration

Executor - if Decedent nominated
Administrator - if Decedent died intestate

Front 85

Estate Admnistration - Powers of Personal Representative

Back 85

General Rule - a PR has all power necessary to the proper administration of the estate and may act without court authority in the exercise of those powers

EXCEPTIONS:
unless otherwise provided in the will, a court order is necessary to sell real property or to continue the operation of the decedent's unincorporated business for more than 4 months

Front 86

Estate Admnistration - Notice to Creditors

Back 86

PR must publish notice of administration in the legal notices section of the newspaper. In addition, the PR must send actual notice of administration to all known or reasonably discoverable creditors.

Front 87

Estate Admnistration - Inventory

Back 87

PR must file an inventory of all assets, including value of property.

Front 88

Renunciation - How can heir, devisee, appointee of power of appointment renounce interest?

Back 88

In writing in whole or in part within 9 months of decedent. Renunciation results in property passing as if party predeceased decedent, unless will provides otherwise.

Front 89

Living will - Execution

Back 89

In writing, signed by T or by another at T's discretion, and by 2 adult witnesses

Front 90

Living will - revocation

Back 90

Intent (including physical act) at any time before death without regard to principal's mental or physical condition

Front 91

Durable healthcare power, definition

Back 91

Used by principal to appoint an agent to make healthcare decisions for the principal. Instrument does not become operative until the principal loses capacity.

Front 92

Durable healthcare power, eligibility to serve as an agent

Back 92

Any person except an unrelated person who is associated with the principal's healthcare facility.

Front 93

Durable healthcare power, revocation

Back 93

Written or oral notice of revocation to either the agent or the principal's healthcare provider.

Front 94

What is "integration" of a will?

Back 94

Process of embodying several sheets of paper or documents into a single, entire will. All of the pages that were intended to be part of a will and were present at the time T and W signed the last page comprise the will.

Pages need not be stapled together, T and W need not sign each page. Presumption of integration when there is internal coherence by provisions running from one page to the next.