Pa Wills

Front 1

Intestacy Generally

Back 1

Under PA Law, when an individual dies without a will or nonprobate instrument, his property transfers to his heirs through intestacy

Front 2

Who isn't and is a surviving spouse

Back 2

Separated Spouses - Deemed Still Married

Abandoned Spouse - Considered Terminated for 1 year

Cohabitating Spouse - Couples Merely Living together are not Spouses

Divorced Spouse - Not Spouse under Intestacy

Front 3

Survival Requirements for Heir

Back 3

Establish as a survived heir under Preponderance of Evidence Standard; or if heir and decedent die at the same time then property passes as though the individual predeceased him

Front 4

Presumption of Paternity for Children Born out of Wedlock

Back 4

Father and Mother Marry shortly after Birth;

Held out as Own AND supported during life;

Paternity proven by C&C Evidence

Front 5

WS: Revocable Trust

Back 5

Establishes who enjoys the trust assets while the Settlor is alive and identifies what happens after he dies

Front 6

WS: Pourover Will

Back 6

A type of will that directs trustee to pour in all or some of testator's estate into a trust that decedent set up

Front 7

WS: Life Insurance

Back 7

Transfer property to the beneficiary automatically without forcing beneficiary to take through probate

Front 8

WS: Joint Bank Account

Back 8

Operates as will substitutes upon death where contents transfer to survivor automatically, even without an instrument

Front 9

Testator can revoke a will prior to death when:

Back 9

Subsequent Writing (Express); Physical destruction; Operation of law

Front 10

Revocation of Will by Subsequent Writing

Back 10

A later will or codicil can revoke an earlier will impliedly or expressly by its terms

Front 11

Revocation of Will by Physical Destruction

Back 11

Physical destruction of will with INTENT to Revoke

Front 12

Lost Wills

Back 12

If will not found among personal effects upon death, then rebuttably presumed revoked with intent

Front 13

Revival of Will PA Rule

Back 13

No automatic revival- requires additional written proof that testator intended to revive original

Front 14

Dependent Relative Revocation

Back 14

When testator revokes will under mistaken belief of law or fact, would not have done so but for that belief, then he has not effectively revoked older will

Front 15

Will - Incorporation by Reference

Back 15

1. Existed at time will was executed; 2. Intended to be incorporated; 3. Described with sufficient certainty to identify

Front 16

Antilapse Statutes

Back 16

Under PA Law, Bequests made to close relatives of testator that predeceases testator, gift will go to his issue

Front 17

Residuary Rule

Back 17

If the residue is left to two or more persons and one dies, and if antilapse doesn't apply, then remaining residuary beneficiaries take in their proportionate shares

Front 18

Doctrine of Abatement

Back 18

When assets of an estate are insufficient to pay all debts and legacies, certain gifts are deemed abated to cover the costs

Front 19

Ambiguities in Wills

Back 19

Words of will are interpreted with their Plain Meaning (Patent and Latent Ambiguities) - Parol Evidence allowed for Latent ambiguities

Front 20

Surviving Spouse's Elective/Forced Share

Back 20

If Surviving Spouse unhappy with will, then statute provides can take 1/3 of decedent's property if elects to within 6 Months of death or probate (whichever is later)

Front 21

Waiving Elective Share

Back 21

Can waive with Full and Fair Disclosure and

1. Terms of waiver are objectively fair and r_, signed by surviving spouse

2. Spouse represented by legal council

3. Had adequate knowledge of the property and financial obligations of decedent at time of waiver

Front 22

Slayers Act

Back 22

Intentional Killing and felonious killing of spouse bars killer from taking - instead gives LE in Property and his half of future interest goes to decedent's estate