Wills Bar Exam 2023
Will Formalities - ANSWER 1) T must be 18 or over
2) Instrument must be executed with testamentary intent (so sham instruments will not be
given effect)
3) T must sign will (any mark → initials, "X" will serve as signature; also, signature may be
another person at T's direction, in T's presence)
4) 2 attesting witnesses who witness T's signing (OR, T;s acknowledgement of previous
signature or will)
What happens if a portion of the will (e.g., clause naming personal representative) follows the
testator's signature? - clause present at time of execution: - ANSWER some states → wills
MUST be signed at the end
--everything above the signature is good; everything below the signature is bad
UPC and majority → the will is valid, but the addition is not
Holographic Wills - ANSWER -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
material provisions - ANSWER words that identify the property and the beneficiaries that
are to receive it
Scope of Vision/Line of Sight - ANSWER the will is valid only if they could see each other sign
if they were to look → there can't be impediments to vision (minority rule)
Conscious Presence Test - ANSWER have to be conscious of where each other is and what
each other is doing (UPC/majority rule)
Presence Requirements - ANSWER -Scope of Vision/Line of Sight
-Conscious Presence Test
Jurisdictional/Domicile Issues (execution of wills) - ANSWER -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
Interested Witnesses - older (majority) rule: - ANSWER interested witness situation does not
result in denial of probate of will, but beneficiary-witness loses legacy unless:
1) there were two disinterested attesting witnesses (supernumerary rule); OR
2) witness-beneficiary would be an heir if there were no will, in which case she takes lesser of
(i) amount given in will, or (ii) intestate share
Revocation by Physical Act - Requirements - ANSWER 1) intent to revoke AND
2) physical act
duplicate wills - ANSWER -2 original wills are made
-RULE: a revocation of ONE properly executed will revokes ALL duplicate wills
What happens when "VOID" is written on the back of the will? - ANSWER most states: no
revocation → cancellation must touch the words of the will
UPC: an act of cancellation can appear anywhere on the will
Revocation Presumptions - ANSWER 1) will in T's possession from time of execution until
death and found in mutilated condition after T's death → PRESUMPTION that T did mutilating
with intent to revoke
2) lost wills that were last seen in T's possession → PRESUMPTION that the reason it can't be
found is that T destroyed it with the intent to revoke
revocation by another person - requirements - ANSWER 1) must be done at T's direction
AND
2) in T's conscious presence
Lost Wills Statute - ANSWER -this is how to save a will that has been destroyed but not
revoked
-it requires formal proceeding where proponents have burden of proving the contents of the
Will Formalities - ANSWER 1) T must be 18 or over
2) Instrument must be executed with testamentary intent (so sham instruments will not be
given effect)
3) T must sign will (any mark → initials, "X" will serve as signature; also, signature may be
another person at T's direction, in T's presence)
4) 2 attesting witnesses who witness T's signing (OR, T;s acknowledgement of previous
signature or will)
What happens if a portion of the will (e.g., clause naming personal representative) follows the
testator's signature? - clause present at time of execution: - ANSWER some states → wills
MUST be signed at the end
--everything above the signature is good; everything below the signature is bad
UPC and majority → the will is valid, but the addition is not
Holographic Wills - ANSWER -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
material provisions - ANSWER words that identify the property and the beneficiaries that
are to receive it
Scope of Vision/Line of Sight - ANSWER the will is valid only if they could see each other sign
if they were to look → there can't be impediments to vision (minority rule)
Conscious Presence Test - ANSWER have to be conscious of where each other is and what
each other is doing (UPC/majority rule)
Presence Requirements - ANSWER -Scope of Vision/Line of Sight
-Conscious Presence Test
Jurisdictional/Domicile Issues (execution of wills) - ANSWER -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
Interested Witnesses - older (majority) rule: - ANSWER interested witness situation does not
result in denial of probate of will, but beneficiary-witness loses legacy unless:
1) there were two disinterested attesting witnesses (supernumerary rule); OR
2) witness-beneficiary would be an heir if there were no will, in which case she takes lesser of
(i) amount given in will, or (ii) intestate share
Revocation by Physical Act - Requirements - ANSWER 1) intent to revoke AND
2) physical act
duplicate wills - ANSWER -2 original wills are made
-RULE: a revocation of ONE properly executed will revokes ALL duplicate wills
What happens when "VOID" is written on the back of the will? - ANSWER most states: no
revocation → cancellation must touch the words of the will
UPC: an act of cancellation can appear anywhere on the will
Revocation Presumptions - ANSWER 1) will in T's possession from time of execution until
death and found in mutilated condition after T's death → PRESUMPTION that T did mutilating
with intent to revoke
2) lost wills that were last seen in T's possession → PRESUMPTION that the reason it can't be
found is that T destroyed it with the intent to revoke
revocation by another person - requirements - ANSWER 1) must be done at T's direction
AND
2) in T's conscious presence
Lost Wills Statute - ANSWER -this is how to save a will that has been destroyed but not
revoked
-it requires formal proceeding where proponents have burden of proving the contents of the
