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25 Cards in this Set
- Front
- Back
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Testator must have capacity. Discuss it
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18 yoa mentally capable & know he is
making a will nature extent of property who he is giving to kind of disposition made |
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There is a presumption about testators. What is it?
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That they are competent.
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Testator must have something. What is that?
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The intent to make a will, declared in that document. Otherwise must show that they intended to dispose of property, to occur on his death and that the instrument was intended to dispose of that property.
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Will must be witnessed
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by two witnesses who sign in T's presence or proximity
No good if witness is beneficiary under CL but UPC says interested witness can take |
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Codicil is
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an addition to a will which requires
some formalities |
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An extrinsic document outside of the will can help in distribution if
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It is in existence at time of will's execution
it sufficiently describes objects will shows intent to incorporate |
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Holographic will is not a hologram. What is it?
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Handwritten, unwitnessed. Testator must complete and sign. Extrinsic evidence admissible to show will.
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Nonprobate assets cannot pass through a will. These are:
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JTWROS, life insurance (contract) or trust. But trust can be funded by will device.
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Pretermitted child is one who
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Is born after will executed.
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Omitted child (one already born but not provided for in will) is entitled to intestate share unless:
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Omission was intentional
at time of will T had other children and gave bulk of estate to parent of om child Child provided for outside of will |
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Omitted spouse gets
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Elective share of augmented estate.
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What is the elective share of the augmented estate?
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Surviving spouse takes statutory aug amt or elective share, whatever greater
1/3 if decedent survived by issue 1/2 if no issue or % based on # of years in marriage |
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What is the augmented estate made up of?
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property that passes to SS
property that passes to other 3rd Ps intervivos gifts in preceding 2 yrs Must file notice w/in 6 mos |
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Anti Lapse statute creates an alternative gift if
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B dies before T then this statute creates an alternate gift
Those who survive T take Look for one who leaves issue who is descendant of T's grandparents |
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Ademption means
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That gift in will is no longer in T's estate.
Must be specific gift does not apply to things not yet paid Applies to specific devises |
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A demonstrative legacy is a gift that
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Is a gift of general amount that identifies a particular source of funds
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Money from real property & stocks in so far as value increasing after devise but before death
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Rental property income goes to genl estate.
Improvements go to specific devisee Stock split goes to specific devisee but genl dividends> genl estate. |
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Will contract is a contract and can be established by
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Provision in will setting K out
Express reference in the will to K separate writing |
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Revocation
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Will can be revoked by
Law Marriage instrument act of burning tearing, revocation by proxy |
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Beneficiary can disclaim by
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revoking in writing
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Uniform Simultaneous Death Act
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applies when there is insufficient evidence of who survived whom. Each is deemed to have predeceased the other
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Contrast 120 Hour rule
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unless b survives t by 120 hours then B is deemed to have predeceased.
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Intestate share of surviving spouse means that
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if 0 children of DG then SS takes all
if all children of DG are SS's also then SS takes all if she has no other children. If parent, and no children then SS takes first 200k and 3/4 of remainder |
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Undue influence is one way to challenge the will. What must be shown?
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Effect of influence was to overpower T's mind and free will that produced a will that would not have been executed but for undue influence. Look for confidential relationship, bene participated in will execution and unnatural dispo
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Abatement is
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order that gifts are distributed when there are not enough to go around:
intestacy, then general then specific devises. all over genl legacies |
