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10 Cards in this Set
- Front
- Back
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What is a codicil?
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A codicil is a testamentary instrument that must meet the requirements of a formal will or a holographic will.
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What are the requirements of a formal will?
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A formal will must be witnessed by two witnesses and signed by the testator.
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What are the requirements of a holographic will?
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A holographic will is valid when all material provisions are in the testator's handwriting.
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When can the doctrine of dependent relative revocation operate to revive a provision of a former will that has been revoked?
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When:
1) The new will or codicil is void by operation of law. 2) the former provision was revoked at the same time the new provision was created. 3) the testator believed the new provision was valid and 4) but for the testator's belief that the new will was valid he would not have revoked the former provision. |
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What is an omitted heir?
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An omitted heir is a child born after the will. An omitted heir takes his intestate share unless an exception applies. Under intestacy, when a decedent dies leaving a spouse and one child, the spouse takes half the separate property and the child takes the other half of the separate property. The omitted heir, however, takes his intestate share befoe the will is probated and the will's provisions are still given effect to the extent assets are sufficient.
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What is the doctrine of lapse?
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When a beneficiary fails to survive the testator the bequest to him lapses. It passes through the residuary clause if there is a valid residuary clause, or by intestacy.
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How does the class gift doctrine operate as an exception to the doctrine of lapse?
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When a bequest is made to a class of people, and one member fails to survive, the bequest does not lapse but is divided equally among the remaining living members os the class.
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How does anti-lapse legislation operate?
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Where the deceased beneficiary is a blodd relative of the testator and leaves issue, the gift does not lapse but the beneficiary's issue receives his bequest and shares it per stirpes. (Note: When both class gift and anti-lapse applies, antilapse takes precedent meaning the beneficary's issue will take.)
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What is the consequence of a testator bequething community property?
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Where it is possible, a court interprets a will to include only that property that a testator has a legal right to dispose of. A testator may dispose of his half of community property by will.
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What is the residue?
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The residue is the amount left after all other bewuests have been satisfied. When an intestate share must be satisfied, it is deducted first, before the will is probated.
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