Category: Wills
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Wills & Trusts Crib Sheet for the California Bar Exam
EXECUTION OF WILLS Attested: Requires (i) writing; (ii) signed by T; (iii) in presence of two Ws; (iv) W’s sign will understanding that instrument is T’s will. In CA: W’s don’t have to sign in presence of ea other or in presence of T. T doesn’t have to publish that this is his will. Ts…
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Wills & Trusts Attack Sheet for the California Bar Exam
WILLS – ROADMAP Execution of Wills Attested Wills: (1) in writing (2) signed by T (3) in presence of 2 witnesses (4) who also sign Holographic Wills: (1) signed by T, (2) material provisions in T’s own handwriting Extrinsic evidence is admissible to determine T’s intent Date issues: inconsistent provisions, capacity Enforcement of Wills Incapacity…
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Essay Openers for Wills & Trusts on the California Bar Exam
Wills – Opening Paragraphs Choice of Law Under California law, where a domicillary dies in California, but executed a will in another state, that will can be admitted into probate in California only if (1) the will complies with California’s formalities of execution or (2) the will complies with the formalities of the place where…
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Wills on the California Bar Exam
WILLS Intent Capacity At the time of execution, testator must: (1) be at least 18 years of age; (2) be able to understand the extent of her property; (3) know the natural objects of her bounty (spouse, issue, parents, etc.); (4) now the nature of her act (that she is executing a will) Consequences: The…
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Wills Outline for the California Bar Exam
WILLS Intent – T must have intent to make a valid will – crts consider capacity, insane delusion, fraud, and undue influence Capacity At the time of execution, T must: Be 18 Be able to understand extent of her prop Know the natural objects of her bounty (spouse, issue, parents, and those whose interests are…