Term
| Testamentary Intent "animo testandi" |
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Definition
| intent of the testator that the paper writing (or oral statement) he is then executing shall have the full force of a will. |
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| Must be signed by the Testator, or signed for him. |
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| the issue that constitutes the will |
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| Incorporation by reference |
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Definition
| *the trust that already exists you want to incorporate into the will. *In NC we can do it but... the thing to be incorporated must exist at the time the will is made *the reference must be clear and definite...what document or other thing you are referring to...have to have a clear intent to incorporate it...For Example "I want everything in my lock box to go to my nephew" |
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| Signature of Witness NCGS 31-3.3 |
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| NC requires 2 witnesses (some states require 3)...*NC no longer require that you "subscribe" sign at the bottom. You just sign. |
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| *Language in the will that demonstrate the witnesses affirmed the signature of the testator. *Raises a presumption of proper execution. *Affidavits are right in the will and this allows the Clerk of superior Court to probate a will. |
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| Must be competent at the time of witnessing to be a witness. |
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| Ways to Modify:Create a Codicil-changes to a will or make a new will. |
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| additions or deletions to a will made by the creation of a second document to be read alongside the will. |
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| literally, writing between the lines *changes on the face of the will. *writing on the will automatically invalidate the change. *In NC, presumption is if it was added after execution of the will. This is not a valid change. |
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Term
| Revocation by Physical Act |
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Definition
| TEAR IT UP, BURN IT! Must be done with the intent to revoke it. *WILLS ARE AMBULATORY-Can be changed until you die or become incapacitated. |
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| Can be probated in NC! *Presumption is that it has been revoked. |
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| REVOCATION BY OPERATION OF LAW (AUTOMATICALLY) |
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| general rule is not revocation by change in circumstances EXCEPT in certain circumstances--- 1-MARRIAGE 2-DIVORCE 3-BIRTH OF ISSUE |
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| REVOCATION BY SUBSEQUENT WRITING |
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| A will may be revoked by subsequent writing executed like a will |
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| Can only be done by re-executing the will, pull original will and sign the old revoked will with new witnesses, execute a new document |
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| A CHALLENGE TO A WILL, which has been propounded for probate. The person who brings it to probate or who offers the will is called Propounder. |
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| One who contests the will. |
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| If anyone tries to contest the will. *This is a forfeiture clause in the will saying that the devisee forfeits their gifts if they challenge the will. |
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| "by the head" each head of the line of descent takes an equal share |
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| "by representation" living children of a deceased parent take their parents share in equal shares |
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