Wills Mee Az

Front 1

Formalities for a valid will

Back 1

(18 TITS Two or acknowledgement (we acknowledge the TITS)
1) Testator "18" or over;
(2) instrument is executed with "testamentary intent";
(3) "testator signs" the will; and
(4) "two attesting "witnesses who witnessed testator signing the will or acknowledgement of previous signature.

Front 2

Rule for holographic wills (half states allowed)

Back 2

UPC requires material provisions to be in the testator's handwriting and signed by her.

Front 3

What tests are there as to presence of witnesses?

Back 3

(1) UPC no presence required;
(2) scope of vision (minority); and
(3) conscious presence (conscience of where each other are and what they are doing)

Front 4

What are the common law and UPC(majority) rule as to jurisdictional recognition of a will?

Back 4

Common law: will must comply with jurisdiction probating the will.

UPC: place of execution, domicile at death, or domicile at execution.

Front 5

What is purging and where is it not recognized?

Back 5

Interested witnesses do not result in loss of probate but beneficiary witness loses legacy unless (1) there are two disinterested witnesses; or (2) witness would be an heir in which she takes lesser amount between will and intestate share.

Modern trend UPC-abolished

Front 6

Requirements for revocation by physical act?

Back 6

(1) intent to revoke; and (2) physical act.

Front 7

When is a will reputably presumed to be revoked?

Back 7

(mutilated or missing when T had possession)
(1) In T's presence at execution and found in mutilate condition after death
(2) will last seen in T's possession and control is not found after death.

Front 8

Requirements for revocation by another person?

Back 8

(1) at T's direction and (2) in T's presence. (when fails look to also argue malpractice if it is an attorney)

Front 9

How are codicils and second wills without express revocation or residuary clause (revocation by inconsistency) read in relation to the will?

Back 9

They are read together and where inconsistent codicil controls.

Front 10

Effect of divorce

Back 10

UPC wife is treated as if she predeceased the decedent. (revokes all provisions in spouse favor)

Front 11

What is dependent relative revocation and when doesn't it apply?

Back 11

Allows the court to disregard a revocation premised on a mistake of law or fact if but for the mistake, T would never have made the revocation.

Doesn't apply when T re-executed the will or republishes the will by codicil.

Front 12

When can revocation revive an earlier will?

Back 12

Majority-never

UPC (1) first will still exists; (2) T wanted it revived; and (3) the will was revoked by physical act.

Front 13

Requirements for incorporation by reference and exc.

Back 13

(1) writing in existence at time the will was executed;
(2) will manifests an intent to incorporate the document; and
(3) will describes the writing sufficiently to permit identification.

UPC exc.: written statement or list that disposes of tangible personal property not specifically disposed by will.

Front 14

Define act of independent significance

Back 14

Acts having an independent lifetime motive. (can impact the will e.g., my car)

Front 15

When does lapse occur?

Back 15

When the beneficiary named int he will dies before (or within 120 hours of) the testator.

Front 16

Anti-lapse statute requirements

Back 16

(1) predeceasing beneficiary is a grandparent or a descendent of a grandparent;
(2) leaves issue who survive;
(3) not a class gift.
(descendents take in order)

Front 17

In what order do gifts abate?

Back 17

Intestate, residuary, general, specific. Demonstrative adeem with either specific or general depending on if the source of funding is solvent.

Front 18

Majority and UPC rule on ademption

Back 18

Majority-if specific devise is no part of estate gift adeemed.

UPC: Specific devisee has tight to (1) any remaining balance of purchase price owing from purchase when contract is executory at death; (2) any amount of condemnation award for a taking; (3) any amount of fire or casualty insurance unpaid at death; (4) any real or tangible property acquired as a replacement; and (5) property acquired as a result of foreclosure or a security interest in specifically devised note.

Front 19

Common law and UPC as to stock splits and dividends (demonstrative devise only because specific adeems)

Back 19

Common law: stock splits take all shares but dividend limited to original.

UPC take both

Front 20

Common law vs. UPC as exoneration of liens

Back 20

Common law-exonerated
UPC-takes subject to

Front 21

Rules as to what a spouse receives in intestacy

Back 21

(1) spouse no issue-everything;
(2) spouse and issue all who are issue of spouse--everything;
(3) spouse and issue in which at least one is not issue of spouse then UPC spouse first $100,00 and one half of excess.

Front 22

Per stirpes

Back 22

Younger generation descendants divide the share the older generation descendant would have received had that older generation descendant survived the intestate.

Front 23

Per Capita with Representation (majority)

Back 23

Like the per stirpes approach with one major difference. Instead of using the intestate's children as the "root" of the distribution, the nearest generation with descendants who survive the intestate is used

Front 24

Per Capita at Each Generation (UPC)

Back 24

Same as per capita w rep but once the division into shares is done at the first generation with survivors, the shares created on behalf of the deceased members of that generation are combined and then distributed per capita among the younger generation heirs

Hint 24

Remember: Per stirpes divide an first generation. Others divide at first gen. w/ surv. descendants.

Front 25

Give some examples of non-probate property

Back 25

life insurance, trust property, right of survivorship property, POD accounts, TOD property.

Front 26

Requirement for non-marital child to inherit from biological father

Back 26

(1) legitimacy by marriage; or
(2) adjudication of paternity.

Front 27

Can a stepson inherit from stepfather?

Back 27

Yes, only if by estoppel (unperformed agreement to adopt)

Front 28

Simultaneous death act

Back 28

When passage of title depends on priority of death and there is insufficient evidence that the persons died otherwise than simultaneously, absent a provision, the heir, beneficiary, is treated as predeceasing.

UPC 120 hour rule (must survive)

Front 29

Advancements (intestate) common law and majority

Back 29

Common law: any lifetime gift is presumed to be an advancement.

Majority: Presumed not be an advancement unless (1) declared in a contemporaneous writing by decedent; or (2) acknowledge in writing by the heir.

Front 30

Satisfaction (testate)

Back 30

A lifetime gift is presumed to not be a gift unless: (1) the will provides for this treatment; (2) the testator declares in a contemporaneous writing; or (3) the devisee acknowledge in writing that the gift is satisfaction.

Front 31

Rights of surviving spouse

Back 31

(1) Homestead (right to live in house or $15,000 cash in UPC);
(2) exempt property (e.g., car, furniture, etc.); and
(3) family allowance (maintenance during administration)

Front 32

Effect of pretermitted spouse (watch for repub. by codicil)

Back 32

Most states-no effect

UPC-intestate share unless: (1) appears from will it was intentional; or (2) T made other provisions outside will (with statements or amount evidences intent)

Front 33

Elective share in addition to exempt property (don't think they will test)

Back 33

Net testamentary estate (subtract all the costs of getting to probate).

UPC also:
(1) revocable trusts;
(2) transfer with retained right to possess or enjoy income (life estate);
(3) transfers held in right of survivorship (JTWROS);
(4) transfer within two years death to any one donee that exceeded $13,000 in aggregate.

Front 34

Pretermiitted child (watch for repub. by codicil)

Back 34

UPC elective share unless: (1) it appears omission was intentional; (2) substantially all assets left to parent of pretermitted child; or (3) child was provided outside of will and intended transfer in lieu of will.

Front 35

Living child not provided for because testator think he's dead

Back 35

Common law-no relief
UPC-treated as pretermitted (testate share) if T failed to provide for the child solely because she believes the child is dead.

Front 36

Slayer statute

Back 36

When a person feloniously and intentionally kills the decedent prperty passes as if predeceased decedent. (civil standard, watch for anti-lapse stat)

Joint property with right of survivorship passes like it was a tenancy in common.

Front 37

Disclaimer

Back 37

Before acceptance, an heir, devisee, or appointee may renounce his interest in writing in whole or in part within 9 months after the death of the decedent. Treated as predeceasing. (watch for anitlapse)

Front 38

What is a living will, how is it executed, and how is it revoked.

Back 38

A statement of an adult individual's desires with respect to life-sustaining procedures, artificial nutrition or hydration, and pain relieving treatment when the individual becomes terminally ill.

Execution: In writing, signed by the testator or by his direction, and by two witnesses.

Revocation: any act that can revoke a will.

Front 39

Durable healthcare power

Back 39

The individual (principal) appoints an agent to make healthcare decision when the principal loses capacity.

Same execution as living will, revoked by written or oral notice of revocation by agent or principal. Good faith relieves agent form civil and criminal liability.

Front 40

Test for capacity

Back 40

T must be capable of knowing and understanding in a general way (1) the nature of the act he was doing; (2) the nature and character of his property; (3) the natural objects of his bounty; and (4) the disposition he wished to make.

Front 41

Insane delusion

Back 41

1. Belief (false)
2. Affects Will
3. Not based on evidence
4. Not correctable by evidence


The will or a gift in the will is a product of an insane delusion, having no basis in fact or reason, which testator adheres to against all reason and evidence, and where the will is the product of the insane delusion.

Front 42

Undue influence

Back 42

1) existence and exertion of influence;
2) effect is to overpower the mind and will of testator (free agency is destroyed); and
3) the result is a will that would not have been executed but for the influence.

Front 43

When does the presumption of undue influence arise?

Back 43

A principal beneficiary under the will stands in a confidential relationship to the testator draws or procures the execution of the will.

Front 44

What is the effect of a no contest clause in a will

Back 44

It is effective unless the challenger shows probable cause for his contest.