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19 Cards in this Set
- Front
- Back
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What are the requirements for a Will in NC? |
(1) T must be 18 or over (2) Must be written (3) Executed with testamentary intent (4) T must sign (5) T's signature must occur in the presence of 2 witnesses |
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What are the requirements for a holographic will ? |
(1) The will is entirely in T's handwriting (2) It is either signed by T or her name (in her handwriting) appears on the will (3) the will is found in a "safe place" |
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When is a nuncupative will valid? |
(1) When it is spoken in T's last illness (2) before two disinterested witnesses (3) T dies from the illness (4) It is offered for probate within six months of when T spoke it or one of the witnesses reduces the statement to writing within 10 days when T spoke it |
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When is a revocation by physical act satisfied? |
(1) When there is intent to revoke the will (2) there is a physical act (burn, torn, cancelled, etc.) |
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When is revocation by another person valid? |
(1) When it is as T's direction (2) When it is in T's presence |
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What does the doctrine of Dependent Relative Revocation do? |
It allows us to disregard a revocation which is based on, induced by, premised on a mistake of law or fact if the court is satisfied that but for the mistake, T would never have made the revocation. |
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How may a will incorporate an extrinsic document by reference? |
(1) The writing must be in existence at the time the will was executed (2) The will must manifest an intent to incorporate the document (3) The will must describe the writing sufficiently to permit its identification |
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When does a gift lapse? |
When a beneficiary named in the will dies before (or within 120 hours of the testator) |
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What happens when a gift lapses? |
The gift falls to the residue unless it is "saved" by the anti-lapse statute |
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When does NC's anti-lapse statute apply? |
When the predeceasing beneficiary is T's grandparent or a descendant of T's grand parent and leaves issue. |
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What is the Class Gift Rule? |
When there is a gift by will to a group of persons generically described as a class and some class member predeceases the testator and the lapse statute does not apply, the surviving class members take. |
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In intestacy, if the descedent died with no issue or parent the spouse takes __________ |
The entire estate |
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In intestacy, if the descedent died with a parent but no issue the spouse takes ___________ |
1/2 of the interest in real property, and the first $100,000 plus 1/2 the balance of the remaining personal property |
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In intestacy if the descedent died with no parent but one line of lineal descent, the spouse takes __________ |
1/2 of the interest in real property, and the first $60,000 plus 1/2 the balance of personal property |
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In intestacy if the descendent died with more than one line of lineal descent, the spouse takes _________ |
1/3 of the the interest in real property and the first $60,000 plus 1/2 the balance of personal property |
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How do you calculate a spouse's elective share? |
(1) determine the deceased spouse's total net assets (2) subtract how much $ is passing to the surviving spouse (3) multiply that figure by the percentage appropriate based on the length of their marriage |
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What is counted towards a deceased spouse's total net assets? |
the sum of the probate estate (less the cost of funeral and admin expenses, debts, claims, and the year's allowance) plus: property over which the decedent had a general power of appointment, benefits payable by reason of the decedent's death, 1/2 of any right of survivorship property held by decedent, donative transfers whereby the decedent retained a right to income or possession, deathbed gifts over $14000 per donee |
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What is the test for testamentary capacity |
(1) Did T understand the nature of the act he was doing? (2) Did T know the nature and character of his property? (3) Did T know the natural objects of his bounty? |
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What must contestants show to prove undue influence? |
(1) existence and exertion of the influence (2) effect is to overpower the mind and will of the testator (3) the result is a will that would not have been executed but for the influence |
