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8 Cards in this Set
- Front
- Back
4 Purposes of Statutory Formalities for Wills
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1. Evidentiary- objective evidence of animus testanti
2. Cautionary- Testator aware of the importance 3. Protective- Witness assure will is free choice of testator 4. Channeling- Predictability of legal effect FORM OVER SUBSTANCE is the prevailing tendancy |
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Basic Statutory Formalities
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1) In writting 2) signed by the testator & 3) attested by credible witnesses
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The Signature Requirement
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Testator signs first.
Must be evidence that signature signifies finality of will. Majority required to sign in PRESENCE of witnesses or acknowledge his earlier signature. (line of vision) |
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Attestation Requirement
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UPC requires either a witnessing of signature or T's acknowledgement of earlier signature.
Must sign w/in a REASONABLE TIME after T's signature. |
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Interested Witnesses
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DQ'd at COMMON LAW
Will effective to the extent it does not benefit witness PURGING STATUTES Witness can take no more than an intestate share PARTIAL PURGE NO forfiture of any portion of inheiritance UPC |
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Attestation Clause
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Prima Facie evidence of the facts recited. Great for:
Witness with bad memory or who is hostile |
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Holographic Wills
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UPC and 1/2 states recognize H Wills-handwritten & signed but unattested wills. Upon proof that will is wholly in T's handwritting, it's admissible to probate.
MAJORITY do not recognize H Wills. Except military/mariners |
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Revised UPC's Harmless Error Rule
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In any jurisdiction with this rule judge can excuse full compliance w/ required formalities if CLEAR & CONVINCING evidence that T INTENDED doc to be his will
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