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11 Cards in this Set
- Front
- Back
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Curative Doctrines?
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1. Substantial Compliance
2. Harmless Error 3. Holographic Will 4. Notarized Wills |
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Substantial Compliance?
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(Ranney): Will can be probated if clear and convincing evidence shows the purposes of formalities were served despite defective execution. Attestation is the formality the courts are willing to let slide; oral wills and unsigned wills still probably not probated under this doctrine.
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Substantial Compliance, Two-part test?
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1. Does the non-complying document express the decedent’s testamentary intention?
2. Does the form sufficiently approximate Wills Act formalities, allowing us to conclude that it has achieved the purposes of those formalities? |
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Ranney case rule on substantial compliance?
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When formal defects occur, proponents should prove by clear and convincing evidence that the will substantially complies with the statutory requirements.”
(Witness’ signatures didn’t literally satisfy requirements, but law was substantially complied with; will probated) |
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Harmless Error (Dispensing Power)?
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Will can be probated if clear and convincing evidence shows that the testator intended the document to be his/her will. (Although testator’s intent is the critical factor in this doctrine, like substantial compliance, attestation is the formality to be disregarded; oral wills still not probated, and unsigned wills likely not unless it’s a case of signing the wrong mirror will.
Dispensing power likely can’t be applied by the courts without statutory authority) |
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Hall Case rule on harmless error?
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A will may be treated as duly executed if the proponent establishes by clear and convincing evidence that the testator intended the document to be his will.
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Harmless Error, UPC § 2-503?
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Even if a writing wasn’t executed in compliance with § 2-502, the writing is treated as in compliance if the proponent thereof establishes by clear and convincing evidence that the decedent to be his/her will, a partial or complete revocation of his/her will, an addition to or alteration of his/her will, or a partial or complete revival of a formerly revoked will or portion thereof.
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Holographic Will?
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1
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Three types of permitting statutes of Holographic wills?
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i. First generation: will must be entirely written, signed, and dated in testator’s hand. Nine states still require the “entirely written and signed” part; only two also require the date to be handwritten.
ii. Second generation: consistent with 1969 UPC, require will’s signature a material provisions be in testator’s hand Third generation: consistent with 1990 UPC, require that signature and material portions be in testator’s hand. |
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UPC § 2-502(b), holographic wills?
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if the signature and material portions of the will are in the testator’s handwriting, a will is valid as a holographic will, whether or not it’s witnessed.
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Codicil?
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1
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