Wills (bar exam) Exam Questions
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Already Passed! (Complete &
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1. Will Formalities - ANS ✓1) T must be 18 or over
2) Instrument must be executed with testamentary intent (so sham
instruments will not be given effect)
3) T must sign will (any mark → initials, "X" will serve as signature; also,
signature may be another person at T's direction, in T's presence)
4) 2 attesting witnesses who witness T's signing (OR, T;s acknowledgement
of previous signature or will)
2. What happens if a portion of the will (e.g., clause naming
personal representative) follows the testator's signature? -
clause present at time of execution: - ANS ✓some states → wills
MUST be signed at the end
--everything above the signature is good; everything below the signature is
bad
UPC and majority → the will is valid, but the addition is not
3. Holographic Wills - ANS ✓-no witnesses
-half the states: not allowed → NOT entitled to probate unless two attesting
witnesses sign
Wills (bar exam)
, 2
Wills
-UPC and some other states → valid if the material provisions are in T's own
handwriting and it is signed by her
4. material provisions - ANS ✓words that identify the property and
the beneficiaries that are to receive it
5. Scope of Vision/Line of Sight - ANS ✓the will is valid only if they
could see each other sign if they were to look → there can't be
impediments to vision (minority rule)
6. Conscious Presence Test - ANS ✓have to be conscious of where
each other is and what each other is doing (UPC/majority rule)
7. Presence Requirements - ANS ✓-Scope of Vision/Line of Sight
-Conscious Presence Test
8. Jurisdictional/Domicile Issues (execution of wills) - ANS ✓-
common law (minority): to control real estate in a certain state, the
will must comply with that state's requirements
-UPC/majority: when property to be distributed under a will is located in
various states, the will is valid provided it meets one or more of these
states' requirements:
place of execution
domicile at death
domicile at execution
9. Interested Witnesses - older (majority) rule: - ANS ✓interested
witness situation does not result in denial of probate of will, but
beneficiary-witness loses legacy unless:
Wills (bar exam)
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