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- - must be 18
- - Testamentary Intent
- - Testamentary Capacity
- - in Writing
- - must have 3 witnesses, (2 witnesses must be disinterested)
- - need signature of testator either in front of witnesses or testator to acknowledge his signature in front of witnesses
- - witnesses must sign in presence of testator but no in each other's presence
- - witnesses need not know they are signing a will
- - Know the extent & nature of property
- - Know the object of bounty
- - know the disposition of property
- - be able to understand how each of the above elements affect the other.
- - That it be the testator will.
Revival of Will
- - By codicil
- - By 3rd will that references 1st will
Revocation of Will
- - By executing a subsequent will with a provision revoking
- - By performing a revocatory act w/ the intent and purpose of revoking the will. Destroying, Burning, defacing (must be complete defacement)
- 1- Testamentary Intent
- 2- Fully in testator's handwriting
- 3- testator must have written name or signed
- 4- found in a special place
- 5- need 3 witnesses to attest to handwriting
- 6- one witness to attest to special place
- 7- witnesses can be interested parties.
Anti lapse statute
Prevents bequests from lapsing if the beneficiary is a descendant of the testator's grandparents and is survived by issue.
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