Wills Rule Statements

Front 1

Attested Will

Back 1

A valid will requires testamentary intent, capacity, and will formalities.
A formal attested will must (i) be in writing, signed by the testator (or by another person
in his presence at his direction, or by a conservator), (iii) the testator’s signing or
acknowledgment of his signature or will must occur in the joint presence of at least two
witnesses; and (iv) the witnesses must understand that the instrument being witnessed
is the testator’s will.

Front 2

Holographic will

Back 2

A holographic will is a handwritten will. In order for it to be valid all
material provisions must be in writing including a signature

Front 3

Integration

Back 3

All papers actually present at execution are integrated into the will if the testator intended the papers to be a single will

Front 4

republication by codicil

Back 4

A codicil is a testamentary instrument modifying an earlier will and
must be executed with the same formalities as a will. A will is deemed
republished on the date of the codicil

Front 5

incorporation by reference

Back 5

Any separate document may be incorporated into the will by reference if the
document is in existence on the date of the will, clearly described in the will, and
proven to be the document described in the will

Front 6

Dependent relative revocation

Back 6

DRR cancels a revocation based on a mistaken assumption of law or fact.
Applies where testator (T) revokes his will on the mistaken belief that another
disposition would be effective and but for the mistake T would not have revoked
his will

Front 7

Revival

Back 7

Revival is a theory that allows a revoked will to be probated because the
revoking will was itself revoked by a physical act. In order to apply, will 1 must
still be in existence, T must have intent for will 1 to have effect, and will 2 was
revoked by a physical act.

Front 8

Ademption

Back 8

Ademption occurs when a “specific” gift that is mentioned in the
will is not a part of the testator’s estate at his death.

Front 9

Omitted spouse

Back 9

Spouse omitted from premarital will receives intestate share unless
omission was intentional as shown in will, spouse provided transfer
outside of the will, or spouse made valid agreement waiving right to share
in decedent’s estate. The intestate share of the SP may not exceed onehalf of the value of the decedent’s SP in the estate. Generally will take 1/3 or ½ of SP depending on the number of children who survive the
decedent.

Front 10

pretermitted child

Back 10

A pretermitted child is one who is born or adopted after the execution of
the will and will receive his/her intestate share unless omission was
intentional as shown on the will, T had other children and left estate to
parent of omitted child, or T provided for child by transfer outside of the
will

Front 11

Simultaneous death

Back 11

For purposes of intestate succession, if it cannot be established by clear and
convincing evidence that a person who would otherwise be an heir has
survived the decedent by 120 hours, it is deemed that the person failed to
survive the decedent.

Front 12

Lapse/Anti-lapse

Back 12

Under common law, when a devisee dies after the testator executes his will but before the gift becomes effective, the gift fails or lapses. When a specific gift lapses it falls into the residuary estate. California's Anti-Lapse Statute allows the devisee to pass to deceased devisee's issue if the deivisee who predeceased the testator was kindred of the testator.