WILL
P.R.
Qualifications
1) 18+
2) Capacity &
3) No felony conviction
*Must file notice if no longer qualified
Who
Non-Res
1) D's parentela
2) S's GP, P, C, or GC
3) S's of all above
Financial Inst
If authorized to exercise fiduciary duty
How
No Will
1) Spouse
2) Majority by Heirs
3) Heir w nearest degree kinship
Will
1) Will selection
2) Majority by Ben's
3) Devisee
Formalities
Signed
Signed at End of dispositive provisions
Writing
Witnesses
NO oral
A MARK if Testator; or acknowledges signed prev
Testator's name & in presence of if SUBSCRIBER
2 witnesses sign in T's presence &1 another
*Do not have to be of age
2 tests:
1) Line of Sight - in T's view
2) Conscious Presence - T is aware witnesses are present & signing
Proof
Will Contests
Self-Proving Aff
1) Signed at execution or later
2) Subscribed by 2 witnesses
*No further proof needed if attached to the will
No Self-Proving Aff
Either oath of 1 witness or PR/disinterested person swears to authenticity
Attestation Clause
1) Recites facts of execution
2) Prima Facie evid of facts recited
*Assists when witnesses can't remember
Capacity/Intent
Testamentary Capacity
Must know:
1) Natural objects of bounty
2) Nature & extent of property AND
3) Nature of disposition made
Testamentary Intent
1) "Last will & test" = presumption of present intent
2) Condition precedent is not ok (If I die...)
3) Motive is ok (I am bc...)
1) Insane Delusion - believes non existent facts against all evid & probability (body snatchers)
2) Illogical Belief - supported by belief derived from known premise (no benefits bc you're taller)
*Not grounds for capacity challenge