1. Trusts & Estates Essentials Power Point Slides Class #9
VALENTINE’S DAY (Except in Pakistan)
NATIONAL ORGAN DONOR DAY

2. 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)

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

4. 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

5. 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

6. 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?

7. 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)

8. 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. § (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.”

9. 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]

10. 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

11. 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

12. 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”

13. 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. § (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.”

14. 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]