Hello!

Does anyone have answers to these questions?

1. Must there always be a self-proving affidavit to a will?
2. If there is no affidavit with the will and the two witnesses are not available to testify, can the proponent of the will still prove its validity by proving the signatures of the testator and that of one of the witnesses?
3. If the bar question doesn't mention anything about the affidavit affixed to the will... are we to assume that there is or isn't one? I suppose that we would have to state
"Assuming that there is/isn't an affidavit..."

Thanks!

Hi all,
There is another question for which I cannot find an answer.
When a spouse chooses to take the elective share, this share is reduced by whatever is bequested to her under the will or the testamentary substitute. (yes, ok!)
If, however, under the will she is given an interest income, and if she chooses the elective share - she must forego the receipt of this interest income. Why is this? Does this have anything to do with the difficulty of calculating what this interest income will be for x amount of years and therefore the incapability of properly reducing the elective share by the amount?
Thanks again!

Apple, I don't know the answers to your questions. Never heard a discussion of those issues as important to the answers. But maybe they are. I'm sure that's state dependent.

But what I'd like to share is the wisdom imparted to me by my ex-bar grader tutor in CA that said never to make up facts to support your argument. If you have to do that, you're almost certain to be barking up the wrong tree, paddling against the current, etc.

I always got graded down severely if I added the "but if" type thought processes. It's never what the bar examiners wanted you to focus on, so don't go there. Or at least be very cautious because you're likely spending precious time on something that isn't likely a big point issue.

On the other hand, my tutor said to allocate your time according to how many facts are present about a given issue. Lots of fact, you better talk about it a lot. Very little facts, limit your discussion severely. Mention important things even with little facts, but limit your discussion if there are not multiple sentences on that fact issue.

I hope that helps. I wish I knew how to answer your substantive questions. Maybe it's not as important as recognizing that a will is valid even if one or more witnesses are interested parties, etc. Find things to discuss that are consistent with the facts. Just my take on it. Others might have more insight.