Execution of Wills
← Previous lessonNext lesson →
Wills & Succession · Lesson 01
Execution of Wills
這一課問的是：遺囑是否依書面、簽名、見證之要件有效執行？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Was the will validly executed under the applicable formalities — writing, signature, witnesses?
這一課問的是：遺囑是否依書面、簽名、見證之要件有效執行？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
testator
Tap to see meaning
Person making the will.
立遺囑人。
attestation
Tap to see meaning
Witnesses confirming testator's signature.
見證。
two witnesses
Tap to see meaning
Most states require two competent witnesses.
二見證人。
present at signing
Tap to see meaning
Witnesses must be present and observe.
在場。
publication
Tap to see meaning
Testator's declaration to witnesses it is a will.
公告。
disinterested witness
Tap to see meaning
Witness without interest in will — preferred.
無利害關係見證。
self-proving affidavit
Tap to see meaning
Notarized affidavit avoiding need for witness testimony.
自證附件。
Issue · what this lesson is really about
Was the will validly executed under the applicable formalities — writing, signature, witnesses?
這一課問的是：遺囑是否依書面、簽名、見證之要件有效執行？
Trigger words & phrases that should flag this issue:
signedwitnessedattestationtestatortwo witnesses
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State elements | A valid will requires (1) writing, (2) testator's signature, (3) two witnesses signing in testator's presence (typically). | 有效遺囑三要件：書面、立遺囑人簽名、二見證人。 |
| Apply attestation | Witnesses must sign in testator's presence (line-of-sight or conscious-presence test). | 見證人須在立遺囑人面前簽名（視線或意識在場測試）。 |
| Apply UPC harmless error | Some states excuse minor defects under harmless error/dispensing power. | 部分州容忍無害錯誤。 |
| Apply self-proving | Self-proving affidavits eliminate need for witnesses to testify at probate. | 自證附件免需見證人作證。 |
Rule Sentence · the workhorse
A valid will requires a writing signed by the testator and attested by two (or in some states three) competent witnesses who saw the testator sign or acknowledge the signature; many jurisdictions also recognize harmless-error or dispensing-power provisions to validate substantially compliant wills.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人testator立遺囑人
Act 行為executing will執行遺囑
Object 對象testamentary disposition遺囑處分
Standard 法律標準writing + signature + witnesses書面 + 簽名 + 見證
Consequence 後果valid or invalid will有效或無效遺囑
Casebook Snapshot · a real American case
In re Estate of Stoker
Holding. Under California's harmless error rule, a document not executed in strict compliance with formalities may still be admitted to probate if there is clear and convincing evidence the testator intended it as a will. Substantial compliance saves a document with minor execution defects.
Why it matters. Stoker illustrates the modern relaxation of strict formality — intent controls, not technicalities.
Stoker：無害錯誤規則救濟形式上有瑕疵之遺囑。
Common Mistakes · what trips students
✗ oral wills 普遍有效。
✓ Nuncupative wills only valid in limited circumstances.
口頭遺囑僅限特殊情況。
✗ interested witness 自動使遺囑無效。
✓ Usually only that witness's gift voided; will still valid.
通常只該見證人贈與無效；遺囑仍有效。
✗ signing 必須在 同一文件 結尾。
✓ Signing requirement varies by state.
各州規定不同。
Mini IRAC · build the Application
Issue. Is a will valid when the testator signed in front of two witnesses, but only one witness signed in the testator's presence while the second signed an hour later?
Rule. A valid will requires the testator's signature attested by witnesses; some jurisdictions strictly require witnesses to sign in the testator's presence, while others apply harmless error or substantial compliance.
Application (model). The testator signed in front of two witnesses; one witness signed contemporaneously, but the second signed an hour later outside the testator's presence. Because strict-compliance jurisdictions require witnesses to sign in the testator's presence, the fact that one witness signed an hour later outside the testator's presence means strict compliance fails for that witness.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the will may be invalid under strict-compliance standards, though valid under harmless error or substantial compliance jurisdictions if the testator's intent is clear.
MBE Check · multiple choice
T's will was attested by W1 and W2. W2 is also a beneficiary under the will receiving $50,000. In a state with a purging statute, what happens?
Mini Essay · write the Application paragraph
Facts. T, 78, executed a will leaving her entire estate to her caregiver. She signed in front of two friends; the friends did not see her sign, but T told them "I just signed my will" and asked them to witness. They signed. After T's death, T's children contest the will, arguing it wasn't witnessed.
Call. Is the will valid?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: