Execution of Wills Quiz

A mark intended as a signature, like an unfinished signature, thumbprint, or signature stamp, may be sufficient. The signature doesn't have to be at the end of the will.

The will must be signed by the testator in the presence of two or more witnesses. Each witness must then sign in the presence of the testator, but not necessarily in the presence of each other. This process confirms the testator's intent to create a will.

A will can be altered or amended after it's created, but this change must be witnessed by two people in the same manner as the original will. This ensures the changes are genuine and intentional.

An attestation clause is a statement in a will that confirms the requirements for signing the will, such as the witnesses being present when the testator signed. This clause makes it easier to prove that the will was properly executed.

A will can incorporate another existing document into itself, making the other document an official part of the will. But the document must exist when the will is created.

A will is a document that outlines how a person's assets should be distributed after they die. It is not considered valid unless the person making the will (the testator) has the mental capacity to understand what they are doing and the consequences of their actions. This means they need to understand they are making a will, the extent of their property, and who they would normally give their property to.

A will may be deemed valid even if the testator lacked mental capacity at the time of signing, as long as they had sufficient capacity when providing instructions to the will drafter.

If a will is made under duress, meaning it was created out of fear or force, it is not considered a valid will. This includes situations where someone forces the testator to sign against their will or threatens them to include certain provisions.

Undue influence occurs when someone exerts pressure or control over the testator that overrides their free will. This can happen through manipulation, threats, or taking advantage of a vulnerable position.

A will must be in writing and signed by the testator or someone acting on their behalf in their presence. This ensures that the will is properly documented and the testator's signature is genuine.

A separate document that amends or partially revokes an existing will. It must refer to the original will and be executed with the same formalities as a will.

A will can be revoked by the testator at any time before their death. The testator must have the intention to revoke and perform an act that shows this intention.

If a testator marries after making a will, the will is automatically revoked unless the will specifically states the testator intended for the will to not be revoked by marriage. This rule protects the spouse's inheritance rights.

Divorce effectively treats the ex-spouse like they died on the date of the divorce. Gifts to the ex-spouse are revoked, but the rest of the will remains valid.

Destroying the will by burning, tearing, or other means revokes the will. This must be done by the testator or someone acting on their behalf in their presence.

If a will is found destroyed after the testator dies, it's assumed they did it to revoke the will. However, evidence to the contrary can prove otherwise.

A will can be revoked if the destruction was intended to be dependent on a future event that didn't happen. For example, if someone destroys their will with the intention of creating a new one, but never does, the old will might still stand.

A will made by two or more people which grants reciprocal benefits and restricts revocation. The survivor can revoke their will, but a constructive trust is imposed to protect beneficiaries who would be disadvantaged by revocation.