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Question 1
Vernon executed his will in 1990. Subsequently, his son had a child, so Vernon wanted to add a bequest for his grandson. Accordingly, Vernon typed the bequest on a separate piece of paper, signed it and attached it to his original will. A few years later, Vernon dies. The bequest to his grandson is valid.
Correct
Incorrect!
Correct Like a will, a codicil is a testamentary instrument that must be executed with the same formalities as a will. Here, although Vernon signed the codicil, he did not have it signed by the requisite number of witnesses for his jurisdiction. Accordingly, the codicil is not valid, thereby voiding the gift to his grandson.
Incorrect! Like a will, a codicil is a testamentary instrument that must be executed with the same formalities as a will. Here, although Vernon signed the codicil, he did not have it signed by the requisite number of witnesses for his jurisdiction. Accordingly, the codicil is not valid, thereby voiding the gift to his grandson.
Question 2
Floyd executed his will in 1975. At the time, he was single and lived in Las Vegas, NV. Subsequently, he married and divorced twice and had two children with his second wife, Robin. He decided in 1990 that he wanted to add his two children as beneficiaries of his estate. As such, he executed a new will, including bequests for his two children. The new will revoked his first will. In 2000, he decided he wanted to disown his children. He still had the old will. Which of the following is NOT a valid way to revive the old will?
Correct
Incorrect!
Correct
Incorrect!
Correct Although the testator is free to revive an old will, it usually takes more than just destroying the old will. Most jurisdictions require a testator to republish the old will, either by re-execution or by codicil. Here, Floyd did neither. Rather, he just decided on his own to make the old will his valid will. That, by itself, would be ineffective to revive the old will.
Incorrect! Although the testator is free to revive an old will, it usually takes more than just destroying the old will. Most jurisdictions require a testator to republish the old will, either by re-execution or by codicil. Here, Floyd did neither. Rather, he just decided on his own to make the old will his valid will. That, by itself, would be ineffective to revive the old will.