1. Wills: Validity Requirements, Modification, Revocation, and Contests
Chapter 4

2. Requirements for Validity
Testamentary Intent
Testamentary Capacity
Written Document
Signed by Testator or Testatrix
Witnesses

3. Testamentary Intent
The testator must intend the instrument to operate as his/her last will
Usually expressed in the document

4. Capacity
Sound Mind
The testator is aware of natural objects of the testator’s bounty
The testator may have insane delusions, but the will was executed during a lucid interval

5. Written Document The will must be handwritten or typed
Most oral wills are not valid

6. Signature The will must be signed by its maker
The will can be signed by a mark
The testator must have intent to sign and make the will

7. Witnesses Attest to the testator’s signature Sign the will
Must be capable and competent to act
Must be present at the publication that this is the testator’s will

8. Codicil An amendment to a will Codicil versus a will
A codicil has the same requirements as a will
A codicil changes the terms of the will

9. Revocation of the Will A will is ambulatory until the testator’s death
The will is revocable and subject to change until the testator’s death
Revocation by physical act
The testator tears, burns, or otherwise destroys the will or crosses out parts of it
The testator must have intent to revoke

10. Operation of Law
Rights that pass to a person by the application of the established rules of law, without the act, knowledge, or cooperation of the person
For example, by marriage or divorce
Will can be revoked wholly or partially by operation of law

11. Subsequent Writing A new will, which is recommended
A codicil, which has become almost obsolete
Both revoke or change the terms of a will

12. Will Contests
If a will is invalid, then distribution of assets is determined by intestacy laws
Grounds for will contests
The will was not properly executed
Notice of probate was not given to interested parties
The testator was induced by fraud to write or change the will
The testator lacked testamentary capacity
The will has been revoked

13. In Terrorem Clause
A clause in a will stating that if a beneficiary of the will objects to probate or challenges the will and its distributions, this results in forfeiture of all benefits of the will