Bar Exam Wills Lecture Notes

Introduction

• Focus on high-yield areas of wills for the bar exam.
• Topics covered:
  • Will execution requirements
  • Integration of documents into a will
  • Incorporation by reference doctrine
  • Codicils
  • Revocation and revival of wills
  • Dependent Relative Revocation Doctrine
  • Construction problems:
    • Anti-lapse statutes
    • Ademption
    • Slayer statutes
    • Disclaimers
    • Devises to classes or class gifts
  • Will contests (Capacity and Undue Influence)

Will Execution Requirements

• Purpose of a Will:

  • To direct where a person's property should be distributed upon death.
  • Allows individuals to override intestacy laws.

• General Requirements:

  1. In Writing:
     • Traditional requirement.
     • Some modern jurisdictions allow video wills.
  2. Signed by Testator:
     • Any mark intended to validate the will is acceptable.
     • A proxy may sign if done at the testator’s direction and presence.
  3. Witnesses Required:
     • Two or more competent witnesses.
     • Must attest in the testator's presence.
  4. Presence Tests:
     • Line of Sight Test: Witnesses must be in the testator’s view.
     • Conscious Presence Test: Witnesses must be within the range of senses.
  5. Disinterested Witnesses (Some Jurisdictions):
     • Witnesses should not benefit from the will.
     • Purging statutes may reduce interested witness's share.
  6. Notary (UPC):
     • A notary's signature can validate a will in UPC jurisdictions.

Integration of Documents

• Incorporation by Reference:

  • To incorporate extrinsic documents into a will:
    1. Testator intended to incorporate the document.
    2. Document existed at the time the will was executed.
    3. Document is sufficiently described in the will.

• Codicils:

  • A supplement or addition to an existing will.
  • Must meet the same formality requirements as a will.
  • Republish an original will if properly executed.
  • Cannot revive a will not properly executed.
  • Can cure specific defects in a properly executed will.

Conclusion

• Understanding these key areas is crucial for the bar exam.
• For more in-depth coverage, students are encouraged to access the full video series.