In Practice

Question 1

In practice, can make sure every page of the will was intended by the testator by:

2 points

Answer 1

1) sign every page
2) use formal binding

Question 2

What self-proving affidavits are used for

Answer 2

many states offer them as a further level of atestation

Question 3

6 protective planning mechanisms

Answer 3

1. Testator write a letter of wishes to accompany and explain an estate plan
2. directly infuse wills with individualized, expressive and extra language to insulate against challenges
3. A forfiture clause, in terrorem clause, or no contest clause
4. write memo to their files memoralizing the testator was well able to answer questions and otherwise show capacity
5. choosing good witnesses
6. meet with families to discuss whenever everyone is alive to ask and answer questions

Question 4

forfiture clause/in terrem, or no contest clause

Answer 4

A clause inseted in the will that disinherits anyone who tries to challenge the will

Question 5

Cavets needed for a forfiture clause:

Answer 5

1) the will must be large enough bequest to make it risky for the person to challenge
2) Many states (and UPC) will decline to enforce clauses if there is probable cause for contesting a will

Question 6

tips for making a will clear

Answer 6

• use clear language
• identify incoperated docs specifically
• use relationship and full name
• verify legal names and status of charitable orgs
• consider avoiding legal address

Question 7

Remote contingencies is important for if beneficiary dies, and what if the beneficiary’s descendants die ect.
be careful:

Answer 7

• if cannot come up with someone
• make sure other docs have some contingencies so that they can merge later
  -(residuary lapse problem)