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DMC LEGAL CONCEPTS (Olographic (Dated by testator in handwriting (Some…

- - - - Ex. If anything happens to me no matter what
      - NOT ENOUGH: letter asking for a will to be made, letter including the phrase "all to my sister"
  - - - 2 valid types
        
        Olographic
        
        Notarial
      - General testament 5 REQ
        
        Writing, no video of client writing
        
        Testator must execute. No mandatories can execute in LA
        
        GR: Cant delegate to someone to decide where your stuff goes (you have to decide)
        
        EXCEPTION: You can delegate your EXECUTOR
        
        Exec can choose assets to satisfy a legacy or be expressed as a quantum or a value (specific portion/fraction)
        
        Charities
        
        Exec can choose charity or express conditions for the donations to charities
        
        Charity includes educational institutions
        
        Only one testator per will
        
        Revocable until you die , can't renounce your right to revoke
- - - - My 40th birthday is today
      - I'm having a surgery today (if you have one surgery in your life)
      - Christmas 2015
      - Testator wrote Monday 8, 1968. Next page was dated July 8, 1968 COURT DIDNT ALLOW THIS WILL
- - - - Notary can't be legatee (its okay for notary spouse to be legatee) WILL is still valid but legacy is not (legacy lapses)
      - Witnesses
        
        16
        
        Able to sign name
        
        Sane person
        
        Able to see
        
        Witness can't be legatee
        
        GR: legatee serves as a witness legacy is invalid (will still valid)
        
        Legatee/wit would have been intestate heir they get the lesser of the legacy and the intestate share
        
        Spouse of legatee can't be witness
        
        GR: will valid legacy invalid
        
        Except: legatee/witn would have been an intestate heir they get the lesser of the legacy and the intestate share