Wills Mine

Front 1

What must be alleged and proved to show testator had sufficient mental capacity to make a will?

Back 1

1. Legal age &
Testamentary capacity requires sufficient capacity for T to:
2. Understand the nature of the act he was doing (writing a will);
3. Know the nature and approximate value of the property?;
4. Know the natural objects of his bounty?;
5. Understand the disposition he was making?

Front 2

What does the contestant have the burden to proof for Undue Influence?

Back 2

(OPPORTUNITY, SUSCEPTIBILITY, and UNNATURAL DISPOSITION are not enough alone)
EEP:
1. EXISTENCE and exertion of the influence;
2. EFFECT was to overpower the mind and will of the testator; and
3. PRODUCT was will gift that would not have been made BUT FOR the influence

(CONFIDENTIAL RELATIONSHIP w/ suspicious circumstances -> inference of undue influence)

Front 3

requirements for duly executed will:

Back 3

T must 18 years old (or married or in armed forces)
1. signed by T
2. Two attesting Ws
3. Each W must sign IN TESTATOR's PRESENCE

Front 4

If any question involves a surviving spouse, also mention:

Back 4

HEF:
Homestead (as long as she occupies)
Exempt personal property set-aside
Family allowance (if SS owns little SP, can get support needed for 1 yr)

Front 5

What must you do to make an effective disclaimer?

Back 5

1. written, signed, and acknowledge (before notary)
2. filed w/in 9 mos. of decedent's death
3. filed w/ probate court, w/ copy to personal respresentative

Front 6

What are the 3 pretermitted child rules?

Back 6

1. no other children when will executed: child takes intestate share of all property not bequeathed to other parent of the child UNLESS child is provided for by nonprobate transfer (ex. life insurance) taking effect at testator's death
2. other children when will executed:
2a. that are NOT provided for (same as 1)
2b. that are provided for: child's share is limited to the gifts to such other children UNLESS nonprobate transfer. Nobody's gift is reduced.