B. Will Execution Requirements

Question 1

What are three main requirements for a valid will?

Answer 1

State law require three main elements:

1) In Writing
2) Signed by the Testator
3) Witnessed by Two Witnesses

Question 2

Can an improperly executed will ever be valid.

Answer 2

Only in some states.

Question 3

Is a will with an interested witness valid? What happens to gift to an interested witness?

Answer 3

Yes. However, the gift to interested witness will be deemed void subject to certain exceptions (e.g. if another disinterested witness is present)

Question 4

What is a codicil? What formalities are required?

Remember - same formalities as will!!

Answer 4

A codicil is an instrument after a will that modifies, amends or revokes a will. A codicil must satisfy the same formalities as the will.

Question 5

What is holographic will?

Answer 5

A handwritten will that is not witnessed.

REMEMBER HW=HANDWRITTEN (NOT) WITNESSED

Question 6

What are 2 requirements to make holographic valid in some states?

Answer 6

Signed and handwriting

In those states that recognize it, a holographic will is valid if it is 1) signed by the testator and 2) if the material portions are in the testator’s handwriting.

This can be read as revoking an earlier will.