1) Capacity

2) Signed Writing

3) 2 Witnesses with capacity

a. witness and sign within rzbl time

b. acknowledges sign as his within rzbl time

c. acknowledge will as his, sign rzbl time

Documents part of will as long as part of will at time will was signed.  

By reference: if 1) Exists at time will signed, 

2) Intended to be integrated,

3) Sufficiently described to identify

Exception: Tangible personal property list can be modified after will executed and included if found within 30 days after executor appointed, also revocable trusts can be modified after will executed.  

1) 18 or older,

2) Competent

3) Can't get more under will than would have gotten intestate- unless Ct finds sufficient evidence that testator intended full transfer (if more than 2 witnesses, and at least two disinterested- execute as written)

Self-Authenticating- if affidavits attached to will, in front of notary and describing the requirements of the will and execution, notarized= No need to testify.  

if specific gift is not in estate at time of probate, it is gone. 

If sold within previous 2 years, beneficiary can get:

1) Any unpaid balance of purchase price and any paid in the past year

2) Insurance proceeds paid within past year.  

Anti-Lapse Statute

Order of Distribution when not enough in will:

1) Specific bequests at a pro rata basis

2) General bequests at a pro rata basis

3) Residuary according to dist scheme.  

If in testator's possession, and missing, rebuttable presumption that he revoked it.  

If not, no presumption.  

To revoke:

1) Intent of testator, and 2) Act to Revoke

By later will:

1) If later will disposes of entire estate, revoked

2) If only partially, to the extent it changes old

3) If ambiguity, 1st will controls, but extrinsic evidence can be introduced to show 2nd will was amending 1st.  

**If later will revokes 1st, and 2nd will invalid, viewed as a dependent revocation=1st will still valid and probated.  

1) Where 2nd will revoked by physical act, and 2nd will not revoke 1st will entirely, 1st revived.  

2) Where 2nd will revoked 1st entirely, no revival of first will unless makes clear intent to revive 1st.  

For revocation to be valid, later will must be valid.  

Give new spouse what she would have gotten intestate minus any gifts to issue.  

Forgotten kid- intestate share 

UNLESS STATED OTHERWISE.  

1) To spouse

2) If only shared kids-all to spouse

3) If Spouse and non-marital kids-

a. D interest in marital property goes to issue, TIC included. No JT

b. all else- 1/2 to spouse, 1/2 to issue

4) No spouse- all to issue

5) No issue- all to parents

6) No parents- to siblings

7) Grandparents- 1/2 paternal- 1/2 maternal

8) Aunts and Uncles

9) Cousins

10)State school fund

120 hour rule only applies to intestate succession.  

1) If died without issue, no share.  

2) With issue or alive- get a share

3) Issue- divide equally among equal parties.  

1/2 bloods, in gestation, adopted, paternity established- all count for a share.