Lack of Testamentary Capacity Requirements:
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burden of proof on contestants
1) did T understand the nature of the act he was doing?
2) did T know the nature and character of his property?
3) did T know the natural objects of his bounty?
4) did T understand the disposition he wished to make?
ademption
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-property that was in T's possession at the time will was executed is no
longer there
-limited to SPECIFIC gifts; common law rule applied ademption to any case
where the property specifically devised was not in the estate for any
, reason → T's intent is deemed to be immaterial
-a gift is specific if it says "my"
-Under UPC, T's intent is immaterial
material provisions
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words that identify the property and the beneficiaries that are to receive it
revocation
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by any manifestation of intent to revoke (including physical act) at any time
before death w/o regard to the principal's mental or physical condition
standing for will contests
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any person who would take more as heir IF there were no will or as
beneficiary under a prior will
Holographic Wills
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, -no witnesses
-half the states: not allowed → NOT entitled to probate unless two
attesting witnesses sign
-UPC and some other states → valid if the material provisions are in T's own
handwriting and it is signed by her
latent ambiguities
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extrinsic evidence is admissible to clear up a latent ambiguity
Jurisdictional/Domicile Issues (execution of wills)
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-common law (minority): to control real estate in a certain state, the will
must comply with that state's requirements
-UPC/majority: when property to be distributed under a will is located in
various states, the will is valid provided it meets one or more of these
states' requirements:
place of execution
domicile at death
domicile at execution
120 hour rule
Give this one a try later!
Give this one a try later!
burden of proof on contestants
1) did T understand the nature of the act he was doing?
2) did T know the nature and character of his property?
3) did T know the natural objects of his bounty?
4) did T understand the disposition he wished to make?
ademption
Give this one a try later!
-property that was in T's possession at the time will was executed is no
longer there
-limited to SPECIFIC gifts; common law rule applied ademption to any case
where the property specifically devised was not in the estate for any
, reason → T's intent is deemed to be immaterial
-a gift is specific if it says "my"
-Under UPC, T's intent is immaterial
material provisions
Give this one a try later!
words that identify the property and the beneficiaries that are to receive it
revocation
Give this one a try later!
by any manifestation of intent to revoke (including physical act) at any time
before death w/o regard to the principal's mental or physical condition
standing for will contests
Give this one a try later!
any person who would take more as heir IF there were no will or as
beneficiary under a prior will
Holographic Wills
Give this one a try later!
, -no witnesses
-half the states: not allowed → NOT entitled to probate unless two
attesting witnesses sign
-UPC and some other states → valid if the material provisions are in T's own
handwriting and it is signed by her
latent ambiguities
Give this one a try later!
extrinsic evidence is admissible to clear up a latent ambiguity
Jurisdictional/Domicile Issues (execution of wills)
Give this one a try later!
-common law (minority): to control real estate in a certain state, the will
must comply with that state's requirements
-UPC/majority: when property to be distributed under a will is located in
various states, the will is valid provided it meets one or more of these
states' requirements:
place of execution
domicile at death
domicile at execution
120 hour rule
Give this one a try later!
