*Wills ISSUE only 1. Attested Will (5 Elements)- W, sign T, 2 W same time, during T life, W know it’s a will. a. CA- clear and convincing standard (harmless error rule) ok if missing elements if Clear and convincing evidence that T signed the will and he intended to make will 2. Interested Witnesses- beneficiary under will has presumption, need to rebutt 3. Conditional Wills – condition has to be satisfied for it to probate 4. Intent (capacity)- 4 elements: 18, extent property, bounty, nature of her act (making will) a. Insane delusion- false belief; product of sick mind; no evi to support; affected will 5. Fraud- representation, material fact, knew false, purpose to induce/inaction, in fact induce a. Fraud in execution- doc not will b. Fraud in inducement- contents effected by misrep 6. Undue Influencea. Prima Facie (sus, opp, active par, unnatural result); b. Common law (confidential relationship (attorney-client), active par, unnatural) – in CA confidential rel when one person reposes trust in another (easy) c. Statutory presumption of UI- (drafter, caregiver and their family) need to rebut. 7. Mistake in: content (need C&C to reform); execution; Description (Latent; patent; CA allows Parol evidence for ambiguity). 8. DRR- Revocation by physical act or subsequent executed will= if mistaken, Ct ignores revocation of will 1. 9. Omitted child- accidental omission b/c born/adopt after execution-takes by intestate SH 10. Component of will a. Integration- intent (intended paper to be in will); presence (physically at time of execution) b. Incorporation by reference- document in existence when will executed, identified in will & T intended to incorporate the doc into will. c. Facts of independent significance- parol evidence allowed d. Writing disposing of limited tangible personal property (referred in will, date/sign by T, describes property, personal tangible property, worth not more than 5k) e. Pour over wills- T devises his estate to the trustee of the ABC trust to be administered pursuant to the terms of that trust. USE incorporation by reference; independent significance, and Uniform Testamentary additions to Trust act (UTATA) 11. Holographic wills- signed by T; material provision in T’s hand writing. 12. Codicils- a testamentary instrument which modifies, amends, or revokes the will. 13. Revocationa. Physical act- T’s intent and physical act by T (or in T’s presence and direction) b. Subsequent instrument- express (will 2 revokes 1); implied (disposes all res) c. By operation of law- dissolution of marriage or domestic relationship d. By change in property holdings (ademption)- extinction (no more); satisfaction (already given); advancements (already given) 14. Interlineations- if typed, cannot change with hand writing; if handwritten= ok to change 15. Omitted a. Child- takes by intestate SH unless intentionally left out b. Spouse- takes by intestate Share c. Omitted domestic partner- same sex, or opposite sex 62 yrs of age and filed with state. 16. Contracts to make a will or devise 17. Joint and Mutual wills- doesn’t create presumption of K not to revoke or make a will 18. Unworthy Heirs or Beneficiaries: killers 19. Intestate Successiona. CP all to surviving spouse or domestic partner b. SP all if no issues, 1 = ½; 2= 1/3 20. Lapse & Anti-lapse= Applies when the predeceased bene is Kindred of T, in this case, predeceased bene’s Kindred will take over (kindred stop in shoes of the kindred) 21. Simultaneous death – 120 hr if cant tell, T survives bene 22. Will substitute-gift causa mortis- a gift made in contemplation of imminent death-only personal property allowed.