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8 Cards in this Set

  • Front
  • Back
4 Purposes of Statutory Formalities for Wills
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
Basic Statutory Formalities
1) In writting 2) signed by the testator & 3) attested by credible witnesses
The Signature Requirement
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)
Attestation Requirement
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.
Interested Witnesses
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
Attestation Clause
Prima Facie evidence of the facts recited. Great for:

Witness with bad memory or who is hostile
Holographic Wills
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
Revised UPC's Harmless Error Rule
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