1. revocation by physical act: Revocation of a will by physical act requires (1) a physical act and (2) an intent to revoke, which must be concurrent with the physical act. A mere physical act alone is insufficient to revoke a will. Examinees must discuss both elements, and both elements must exist, to find a valid revocation by physical act.

 

2. dependent relative revocation: Dependent relative revocation applies when a testator revokes his will under the mistaken belief that another disposition of his property would be effective, and but for this mistaken belief, he would not have revoked the will. When DRR is applied, the original will and bequest remains in effect. DDR is applied only if it comes closer to what the testator tried (but failed) to do than intestate distribution.

3. pretermitted child statutes: Pretermitted child statutes are enacted to protect children from being accidentally omitted from a will. Thus, an important issue to discuss is whether the child was accidentally or intentionally omitted from the will. Examinees should attempt to incorporate facts from the question which support whether the child was accidentally or intentionally omitted from the will.

4. organization: When the call of the question separates the issues to be discussed, examinees should similarly separate their response. Examinees should use headings to separate and organize their issues. Remember: examinees should make it as easy as possible for the grader to follow their responses.

5. define: Examinees should make sure they define key legal terms of art. Examinees should not assume that the grader knows what they are talking about. The grader probably does. But, remember, the grader wants to know what the examinees know.