Trusts & Estates Essentials Power Point Slides Class #9 2-14-19 VALENTINE’S DAY (Except in Pakistan) NATIONAL ORGAN DONOR DAY

Trusts & Estates Essentials: Logistics Remaining Schedule Today: Shortened Class: Just Problems; No Office Hours Next Three Weeks: Selected Sections; Mostly Lecture Tue 2/19 & Thu 2/21: Complete Chapters 4-6; Intro to Trusts Tue 2/26 & Thu 2/28: Chapters 8-9 Tue 3/5 & Thu 3/7: Finish Trusts; Chapters 7 & 10 Fri 3/22: Exam (See posted “Midterm” Exam schedule)

UNIT TWO: WILLS CHAPTER 4 WILLS: FORMALITIES Problems 3B(2) & 3D(2) Last of My Old Problems

Review Problem 3B(2) (Last Names K-N) FORMALITIES CHECKLIST: Problems? Writing Testator Signature or Directed At End Witnesses Number Interested Witnessing T W’s Signatures

Review Problem 3B(2) (Last Names K-N) FORMALITIES PROBLEMS Writing Testator Signature At End Witnesses Number: 2 v. 3 Interested: D is Bfry Witnessing T: D was in kitchen when K signed W’s Signatures: D was in kitchen when W signed

Review Problem 3B(2) (Last Names K-N) FORMALITIES PROBLEMS: Witnesses Number: 2 v. 3 [Some states require 3; Not FL or UPC] Interested: D is Bfry: Significance?

Review Problem 3B(2) (Last Names K-N) FORMALITIES PROBLEMS: Witnesses Number: 2 v. 3 [Some states require 3; Not FL or UPC] Interested: D is Bfry: Significance? FL/UPC: Irrelevant Many States: Invalidates Gift to D Some States (New Info): OK if Gift to D is less than her intestate share (here either 50% or 25%) Just creates presumption of UI (D could probably rebut here, since W only by chance)

Review Problem 3B(2) (Last Names K-N) FORMALITIES PROBLEMS: Witnesses Witnessing T: D was in kitchen when K signed W’s Signatures: D was in kitchen when W signed UPC § 2-502: Must “witness[] either the signing of the will … or the T's acknowledgment of that signature or acknowledgement of the will” & must sign “within a reasonable time after the individual witnessed either the signing … or the T's acknowledgment” Fl. Stat. §732.502 (1)(b):”T’s signing or acknowledgement … must be in the presence of“ the witnesses, who “[M]ust sign the will in the presence of the testator and in the presence of each other.”

Review Problem 3B(2) (Last Names K-N) Substantial Compliance: Suppose 2 WitnessesEnough & Interested Witnesses OK Witnessing T: D was in kitchen when K signed W’s Signatures: D was in kitchen when W signed NJ Test: Proponent of will must show … “… by clear and convincing evidence… … that the will substantially complies with the statutory requirements.” [Requires consideration of purposes: Protective; Evidentiary; Cautionary; Channeling]

Review Problem 3D(2) (Last Names O-S) FORMALITIES CHECKLIST: Problems? Writing Testator Signature or Directed At End Witnesses Number Interested Witnessing T W’s Signatures

Review Problem 3D(2) (Last Names O-S) FORMALITIES PROBLEMS Writing Testator Signature At End Witnesses Number: 2 v. 3 (Same as 3B(2)) Interested: No Witnessing T: LA did not see signature; T said it was his will W’s Signatures: LA not in room when B signed

Review Problem 3D(2) (Last Names O-S) FORMALITIES PROBLEMS: Witnesses Witnessing T: LA did not see signature; T said it was his will W’s Signatures: LA not in room when B signed UPC § 2-502: Must “witness[] either the signing of the will … or the T's acknowledgment of that signature or acknowledgement of the will” & must sign “within a reasonable time after the individual witnessed either the signing … or the T's acknowledgment”

Review Problem 3D(2) (Last Names O-S) FORMALITIES PROBLEMS: Witnesses Witnessing T: LA did not see signature; T said it was his will W’s Signatures: LA not in room when B signed Fl. Stat. §732.502 (1)(b):”T’s signing or acknowledgement That he or she has previously signed the will, or That another person has subscribed the testator’s name to it – must be in the presence of“ the witnesses, who “[M]ust sign the will in the presence of the testator and in the presence of each other.”

Review Problem 3D(2) (Last Names O-S) SUBSTANTIAL COMPLIANCE Witnessing T: LA did not see signature; T said it was his will, not his signature? 2 v. 3 Witnesses? Note Significance of Videotape if Located NJ Test: Proponent of will must show … “… by clear and convincing evidence… … that the will substantially complies with the statutory requirements.” [Requires consideration of purposes: Protective; Evidentiary; Cautionary; Channeling]