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6 Cards in this Set
- Front
- Back
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When does Lack of Testamentary Capacity render a will invalid?
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-BOP on the proponent to show T:
1. Understood the nature of the execution ceremony 2. Knew the nature and extent of his property 3. Knew the names and relationships of the beneficiaries 4. Knew the scope and meaning of the provisions of his will -This is a low standard, much lower than is necessary to show insanity |
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Who can testify regarding a Testementary Capacity?
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-Lay witness may testify as to actions and statements within her observation, BUT
-May not express an opinion as to whether Testator was of sound mind |
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What is the test for proper will execution?
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Proponent must prove:
1. T 18+ 2. Signed by T 3. At the end 4. In the presence of each W 5. Publication: "this is my will" 6. 2+ attesting Ws 7. Ws sign w/in 30 days of each other |
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How does the proponent prove a will was properly executed?
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-2+ attesting witnesses testify to the facts regarding the will's execution
-Where there are less than 2 attesting Ws, the court may still admit the will if: 1. It contains an ATTESTATION CLAUSE or 2. It is otherwise satisfied from existing evidence that the will was properly executed |
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How are the terms of the will interpreted when there is Ambiguity?
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-Where there is patent ambiguity--a mistake on the face of the will--statements made to the attorney are admissible to ascertain T's intent
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May interested witnesses entitled to distribution under the will?
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-Bequests to interested Ws are void, unless
--2+ other disinterested Ws OR --the interested W would be an intestate distributee ---In the latter case, W takes the lesser of the amount in the will or the intestate share |
