What is the rule on handwritten wills?

Holographic wils are entitled to probate if they are in T's own handwriting and signed by her.

• T must be 18 or over
• 2 witnesses UNLESS T signs own name
• Signature at the logical (sequential) end
  
• Must dispose of property, appoint a personal representative, or revoke earlier will or codici
• (The PPEFC allows broad range of documentary forms and expressions to constitute a will or codicil thereto.  Central requirement is "testamentary intent," that the person writing the document must display obvious intent that it be a will to dispose of property after writer's death, rather than a present gift or a mere plan to make a will.
  

What is the rule on interested witnesses and how is it dealt with in Pa?

In a minority of jurisdictions a necessary witness-beneficiary takes lesser of (i) amt given in will, or (ii) intestat share.  In Pa. under the rule of Super Numeracy witnesses are not necessary so they can take.

At time will is signed by T and attesting witnesses (or some time thereafter, in T's lifetime), T and witnesses sign self-proving affidavit under oath before notary public.  Affidavit recites all elements of due execution.  Formalities of execution (but not mental capacity, lack of fraud, undue influence, etc.) are thereby conclusively presumed.

How is a will revoked by physical act?

Revocation by physical act requires (1) intent to revoke; (2) physical act: Pa statute refers to "burnt, torn, canceled, obliterated, or destroyed."  Cts have construed these terms broadly to encompass most phsyical acts that touch the language of the will.

What is the presumption that attaches if a will in T's possession from time of execution is found in a mutilated condition after T's death?

We presume that T did the mutilating with an intent to revoke.

What is the presumption if will is last seen in T's possession and control and it is not found after death?

Reason it can't be found is that T destroyed with intent to revoke.

What are the requirements to prove a "lost will?"

DRR allows us to disregard a revocation which is based on, induced by, premised on a mistake of law or fact if the court is satisfied that, but for the mistake, T never would have made the revocation.

What is the relevant rule of law for when codicil does not expressly revoke earlier will but contains inconsistent provisions?

Where codicil makes no reference to will but contains slightly inconsistent provisions, to the extent possible the will and codicil are read together.  But to the extent of any inconsistent provisions, the later document controls and thereby revokes by inconsistency the prior will.

• If the second will has no residuary clause, it is presumptively a codicil to the first.  There is an implied revocation only to the extent of the inconsistency.
• If the second will has a residuary clause, the second will revokes the first will in its entirety by inconsistency.
  

What is the general rule regarding revocation of wills and codicils?

Revocation of a will revokes all codicils thereto.  BUT revocation of a codicil to a will does not revoke the will.

Unless the will shows it was intended to survive the divorce, the will revokes all provisions in favor of ex-spouse.  Ct will construe all provisions as if ex-spouse predeceased.  Exception: Remarriage.

Note: mere separation has not legal effect on these documents.

T's typewritten will made a bequest of $10,000 to my friend X.  Subsequent to the will's execution, T drew a line through the figure $10,000 and wrote in above it $15,000.

• Has the $10,000 bequest to X been revoked?
• Can the interlineation be given effect?
• Any other solutions?
  

• Yes, the bequest was revoked.  Revocation by physical act can by in whole or in part.
• No, unless: 1) after change T re-executes will or republished by codicil (separate sheet reaffirming will).
• Can use DRR to reinstate original $10k bequest: allows us to disregard a revocation which is induced by a mistake of law or fact if court is satisfied that but for the mistake, T never would have made the revocation.  Ct must compare consequences of doing the revocation with not doing the revocation.
  

• RIVT-NO
• Life Ins.-No, unless policy was taken out after 1992.

How do you revive a will after it's been revoked?

1) Writing must be in existence at time of will

2)Will must "describe the writing sufficiently to incorporate the document

3)Will must manifest and intent to incorporate

Acts having independent life time motive may have an impact on the will as well.  E.g., I leave my car to X (X still gets car at death if T gets nicer car at some point)

When beneficiary predeceases T the gift lapses unless it is saved by the anti-lapse statute.  The Pa. statute applies when the beneficiary is a: descendant, sibling, or child of sibling who leaves issue who survive T.  If anti-lapse statute applies, the issue of the deceased beneficiary take in the beneficiary's place.

In the case of a gift to T's sibling or child of a sibling the gift will lapse to the extent it would pass to T's own spouse or issue. (i.e., spouse or issue are residuary beneficiaries)

When there is a gift by will to a group of persons generically described by class and some class members predecease T and the lapse statute doesn't apply, the surviving class members take.

What happens when a residuary estate is left to more than one devisee and the gift to one of them fails?

If the residuary estate is devised to two or more persons and the gift to one of them fails for any reason, the surviving residuary devises take the entire residuary estate in proportion to their interests in the residue.

Note: anti-lapse statute might save the gift

real estate left by will or the act of leaving such real estate

Gift of a pecuniary amount where will gives instructions as to it's funding.  "I give the sum of $50,000, to be paid out of the proceeds of sale of my Acme stock, to my sister Eva."

1. Intestate Property

2. Residuary Bequest

3. General Legacy

4. Demonstrative Legacy

5. Specific Devise or Bequest

*If you get to point of specific gifts, specific gifts to spouse or issue abate last.

• If will executed before T declared incompetent, if specifically devised property is sold by the conservator, or if condemnation award or insurance proceds, the specific devisee has a right to a general legacy equal to the net sales price unless T's disability has been adjudicated to have ceased and T survives the adjudication by one year.
• Specific devisee has right to remaining devised property and:(1) balance of purchase price owing when K still executory; (2) unpaid condemnation award; or (3) unpaid insurance proceeds.

A specific devisee takes "any additional or other securities of the same entity owned by T because of action initiated by the entity, excluding any acquired by exercise of purchase options.  i.e., stock split, stock dividend.

A specific devisee is entitled to securities of another entity owned by T as a result of merger, consolidation, reorganization, or other similar action initiated by the entity.

A specific devisee of encumbered property is not entitled to have the encumbrance paid out of the estate unless the will shows such intent.

Extrinsic evidence is admissible to clear up a latent ambiguity.  I absence of extrinsic evidence the gift will fail.  Where there is no ambiguity, extrinsic evidence is not admissible even upon allegations of mistake because it would violate the plain meaning rule. 

Pa. Intestacy Rules:

If survivied by spouse but no issue or parent...

spouse takes all

Pa Intestacy Rules:

If survived by spouse and parent but no issue

Pa Intestacy Rules:

If survived by spouse and issue:

(1)If all issue are also of surviving spouse...

(2)If one or more issue are not of surviving spouse...

(1) spouse takes first $30,000 plus half of remaining estate

(2) spouse takes half

Pa Intestacy Rules:

Share not going to spouse or all of estate if no spouse survives:

1) All to issue, if any

2) If no issue, to parents or survivor

3) If no issue or parents, to parents' issue

Issue, whether of decedent, decedent's parents or other take per capita if all are of same degree of relationship; otherwise they take by representation (per stirpes)

• Bio Dad marries bio mother
• Bio Dad holds child out as his own and either receives him into his home or provides him with support
• C&C evidence of paternity

If non-marital child is adopted by mother's new husband:

• (1) Can child inherit (intestate) from bio mom?
• (2)Can child inherit (intestate) from new family and can they from him vice versa?
• (3) Can child adopt from bio family relatives?

(1)No

(2)Yes and Yes

(3)Yes, but only if other relatives remain continuing family relationship with child