Law of Wills, 2016A

executed. On November 30, 2014, Devon executed a codicil to his will leaving his farm to his son
James.
Explanation:
Since the will was not validly executed, it could not be republished by the codicil, so Devon died
intestate. If the will was validly executed but invalidated because Devon was unduly influenced, it
could be republished by codicil.
13.5 Acts of Independent Significance
§ 4-512. Events of Independent Significance.
A will may dispose of property by reference to acts and events that have significance apart from
their effect upon the dispositions made by the will, whether they occur before or after the execution
of the will or before or after the testator’s death. The execution or revocation of another individual’s
will is such an event.
Courts may rely on the doctrine of acts of independent significance to consider outside
evidence to determine the disposition of property under a will. This extrinsic evidence is used to
show that the changes to the testator’s will were the result of nontestamentary acts. The testator’s
beneficiary or property designations must be identified by reference to acts or events that have a
lifetime motive and significance apart from their effect on the will.
Example:
T executed a will stating, “I leave the house that I am living in at my death to my friend, Maxine.” At
the time the will is executed, T is living in a house worth $200,000. Thus, the value of her bequest to
Maxine is $200,000. If T wants to improve the value of her gift to Maxine, she has to modify her
will. However, T does not want to go to the trouble of amending her will, so she purchases a new
house that is worth $400,000.
Explanation:
Because Maxine is to take the house that T is living in at the time of her death T’s actions increase
Maxine’s bequest by $200,000. The court will not permit T to get around the formalities of the Wills
Act. Because of T’s testamentary motive the court will not recognize the new bequest.
Example:
T executed a will stating, “I leave the house that I am living in at my death to my friend, Maxine.” At
the time the will is executed, T is living in a house worth $200,000. Thus, the value of her bequest to
Maxine is $200,000. T’s daughter and her grandchildren move in with T, so T needs a bigger house.
T purchases a new house that is worth $400,000.
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