Wills Rules 7

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Author:
woof686
ID:
27057
Filename:
Wills Rules 7
Updated:
2010-07-16 17:34:56
Tags:
Will Contracts
Folders:

Description:
Will Contracts
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  1. Writing requirements
    Must include:

    • offer, acceptance, and consideration
    • include definite and certain terms
    • satisfy Statute of Frauds
  2. Enforcement
    Strict judicial scrutiny and subject to clear and convincing evidentiary standard.

    To be enforced, must be in writing, signed by party against party to be charged.
  3. Joint wills and reciprocal wills
    Joint wills: a will signed by two or more persons that is intended to serve as the will of each.

    Reciprocal wills: also known as mutual wills, are wills with identical or reciprocal provisions.

    Constructive trust will be formed where, in either of these cases, there is a provision not to revoke the will and one party makes an inter vivos transfer not in accordance with the contract....

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