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Construction Of Wills And Related Matters Outline

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This is an extract of our Construction Of Wills And Related Matters document, which we sell as part of our Wills and Trusts Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Wills and Trusts Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CONSTRUCTION OF WILLS AND RELATED MATTERS

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Integration o

Extrinsic Evidence
? can be used to show what pages should make up a will

* E.g. papers stuffed into an envelope that says "Will" on the outside, envelope is extrinsic evidence

* Evidence can also be staples, paperclips, backing, etc

o

Internal Coherence/Chain of Thought
? (used if NO extrinsic evidence)
? Page numbers can prove coherence, can also use the way the sentences stop/begin to make the document make sense
? Moore Note Case

* Separate sheets of handwritten documents that reflect a continuous chain of thought create a valid will even if not fastened together

Republication by Codicil o

Codicil??

*

Amendment to original will As long as codicil does not change provisions in old will, acts to republish and reaffirm original will Keeps people from being found as unintentionally omitted and taking intestate Used after date of marriage or of birth of children

Incorporation by Reference o Writing in existence when will is executed
? list of what goes to who has to be in existence AT OR BEFORE the time the will is created Intent to incorporate
? usually put directly in will o Sufficient description to identify the writing o

o

Disposition Statute:
? Allows people in California to distribute ONLY tangible personal property by lists
? (don't have to worry about incorporation by reference):

* Elements will must refer to a writing o the writing has to be dated o has to be handwritten by decedent OR signed by decedent o and must describe w/ a reasonable certainty the assets and the recipients

Buy the full version of these notes or essay plans and more in our Wills and Trusts Outlines.