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WILLS BAR EXAM Questions &Exam (elaborations) answers 100% satisfaction guarantee
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STUVIA 2024/2025WILLS
(1) by operation of law (marriage following execution, divorce, annulment)
(2) Revocation by a physical act
(3) Revocation by a written instrument - ✔✔What are the methods in which a will can be revoked?
(1) Class Per Stirpes (Minority View)
(2) Per Capita with Representation (majority rule)
(3) Per Capita at each Generational Level (Modern Trend) - ✔✔What are the 3 methods for
computing intestate shares?
(1) confidential relationship between T and B (T placed unusual amount of confidence in B)
(2) B as active in procuring, drafting, or executing the will. - ✔✔When is undue influence presumed?
(1) fact that T left a will, indicates intent to not die intestate - so favor construction avoiding intestacy
(2) If two or more contradictory provisions in the will - the last one prevails
(3) the will is construed as a whole
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(4) Ordinary words are given their ordinary meaning. Technical words are given their technical
meaning
(5) attempt to give effect to all words included in the will. - ✔✔What are the basic rules for will
construction when there is no evidence of the Testator's intent?
(1) False represenaton made to T
(2) Knowledge of falsity by person making the statement
(3) T reasonably believed the statement
(4) statement caused T to execute a will r make a particular disposition they would not make but for
the misrepresentation - ✔✔What are the elements of fraud?
(1) intent to revoke is concurrent with the act
(2) mental capacity
(3) physical act of burning, tearing, cancelling, or obliterating a material portion of the will. - ✔✔What
is needed for a revocation by physical act?
(1) Legal Capacity (18 years old and sound of mind)
(2) Testamentary Capacity
(3) Testamentary Intent
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, STUVIA 2024/2025
(4) Proper Formalities - ✔✔What are the requirements of a valid will? (4)
(1) testor intended to dispose of the property
(2) testator intendeded the disposition to occur only upon his death
(3) testator intended that the instrument in question accomplish the disposition. - ✔✔What factors
must be proved when Testamentary intent is unclear?
(1) the character or content of the instrument
(2) extrinsic facts that would induce the will or particular disposition
(3) facts material to a disposition - ✔✔A contest on grounds of fraud requires T to be willfully
deceived as to?
(1) the influence existed and was exerted
(2) the effect of the influence overpowered the mind and free will of T
(3) the resulting testamentary disposition would not have been executed but for the influence -
✔✔What is required to establish undue influence?
(1) the will manifests an intent to incorporate the document
(2) the document is sufficient in existence at the time the will is executed
(3) the document is sufficiently described in the will. (clearly identified) - ✔✔What are the
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requirements for incorporation by reference to occur?
(1) The will or codicil must be in writing
(2) the will or codicil must be signed by the testator or a proxy if at T's direction and in prescence of T.
(3) There were two attesting witnesses (competent and disinterested)
(4) the testator signed the will in each of the witness's presence.
(5) the witnesses signed the will in the testator's presence. - ✔✔What is needed for the Formalities
requirement to be satisfied? (5)
(1) to spouse and children
(2) to parents
(3) to siblings and heirs
(4) to maternal/paternal grandparents and heirs (aunts/uncles)
(5) last resort = to state - ✔✔What is the order of intestate succession?
(1) UPC Approach => if a willy that wholly revoked a previous will is thereafter revokes, the previous
will remains revoked unless it is evident from the circumstances or T's statements that T intended to
revive the first will. (if partly revoked, then revived unless intent shows otherwise)
(2) Automatic revival => revoking will did not take effect because it was prior to T's death
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