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12 Cards in this Set
- Front
- Back
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After Will Executed: testator marries - effect on will |
Marriage has no effect on validity, but may effect gifts/dispositions (right of election) |
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After will executed: Testator "unmarries" - Rule |
If the court renders a final decree of divorce, annulment or separation after execution of the will, all gifts and fiduciary appointments in favor of the former spouse are revoked by operation of law. REad the will like the spouse predeceased. |
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Effect of divorce et. al. after execution: gifts and fiduciary appointments in favor of issue of former spouse |
All such gifts are still good |
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Effect of divorce et. al. after execution: guardianship appointments in favor of former spouse |
Still good (crappy spouse, good parent) |
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Effect of reconcilaition and remarriage: |
All provisions in favor of spouse are restored |
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Effect of divorce et al on testamentary substitutes |
Also disqualifies spouse from reciept |
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Pretermitted Children: General Rule |
EPTL protects children who are not provided for by any other settlement, AND neither provided for nor mentioned in teh will. |
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Pretermitted Children: T has one or more kids when will was executed - no provision made for children |
Pretermitted child gets nothing |
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Pretermitted Children: T has one or more kids when will was executed - gift made to other children |
Pretermitted child shares in the amount given as though a class gift. |
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Pretermitted Children: T has one or more kids when will was executed - Appears T intended to make a limtied or nominal gift to children living when will executed: |
Pretermitted child gets intestate share |
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Pretermitted Children: T has no kids when will executed |
Afterborn gets intestate share |
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Pretermitted Children: T has one or more kids when will was executed - children get differing amounts |
Add the amounts together, divide by number of kids (including afterborn) and give afterborn his share, to be paid pro rate by other kids form their gifts |
