Sc Bar Exam Wills & Trusts

Front 1

Intestate Succession in SC -What is the introductory sentence?

Back 1

Intestacy is the distribution of the decendent's estate when there is no will.

Front 2

What is the general scheme of intestate succession in SC?

Back 2

SC uses the parentelic scheme, meaning that distribution is based on level of the decedents family.

Front 3

Spouse survives, with issue

Back 3

Spouse gets 1/2, issue get remainder by representation

Front 4

no spouse, no issue, one parent

Back 4

all to one parent

Front 5

no spouse no issue, no parent, living grandparents

Back 5

1/2 to each side, split equally if both alive

Front 6

representation per capita

Back 6

estate divided into as many shares as there are surviving members in the nearest degree of kinship and deceased in the same degree with issue recieving decedents share

Front 7

strict per stirpes

Back 7

means that even if no survivors in degree you still divide share, resulting in differing takes across degrees

Front 8

under strict per stirpes, who gets what with the following:

Decedent, C1, C2, C3 dead, G1 & G2 are C1s kids, G3 is C2s kid, G4-6 are C3s kids.

Back 8

G1 & G2 split C1s share, 1/2 of 1/3 is 1/6

G3 gets 1/3

G4 thru 6 get 1/3 each of 1/3 for 1/9

Front 9

What happens when a decedent dies and a bastard child claims his estate?

Back 9

Paternity must be established either before or with 8 months after fathers death by clear and convincing evidence

Front 10

Can a father inherit from an illegitimate son?

Back 10

only if he has openly treated as child and not refused to support him

Front 11

How long must a decedent survive an testator by to take under the USDA?

Back 11

120 hours

Front 12

What is the difference between a patent and a latent ambiguity?

Back 12

Latent: ambiguous on its face, e.g. I leave my ferrari to bob, and there are two bobs

Patent: l leave my pershnarkel to bob (no one knows what a pershnarkel is)

Front 13

Why does that matter?

Back 13

courts will not entertain extrinsic evidence as to what a pershnarkel is, so the gift fails, whereas extrinsic evidence ok for patent

Front 14

What does "facts of independent significance" mean?

Back 14

i leave my son my car. then you buy a new car. does he get that car? yep.

Front 15

What are the classes of devises?

Back 15

Non-Residuary: Specific, General, Demonstrative
Residuary

Front 16

What is ademption?

Back 16

Ademption happens when a devise is no longer owned by the testator at the time of his death

Front 17

What is abatement?

Back 17

Abatement refers to the order in which parties are paid. If a will says I leave X 100k and the estate only has 80, who gets what?

Front 18

What is the order of abatement if the will is silent?

Back 18

1. property passing by intestacy
2. residuary devises
3. general devises
4. specific devises

Front 19

Define specific devise

Back 19

A gift of a specific item. Land is always specific. "my x"

Front 20

What about a gift of stock--what is the rule?

Back 20

if there is "slight" evidence that a gift of stock is specific, it is

Front 21

What is a "pour over provision?"

Back 21

A clause in a will making a gift to an inter vivos trust

Front 22

What is a "demonstrative devise?"

Back 22

a gift of money or other goods payable primarily but not exclusively out of a stated fund

e.g. 10k payable first out of my account x