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Flashcards in 3. Construction Deck (9)
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1

Basic Construction Maxims

Leaving a will indicates what intent?

The intent not to die intestate

2

Basic Construction Maxims

Where two or more provisions contradict each other, which one prevails?

The last one

3

Basic Construction Maxims

How is a will construed?

As a whole

4

Basic Construction Maxims

What meaning are words given, with what exception?

Their ordinary meaning, unless T intended otherwise

5

Basic Construction Maxims

What meaning are technical words given, with what exception?

Their technical meaning, unless T intended otherwise

6

Incorporation by Reference

What is incorporation by reference, and how is it treated?

Incorporating an extraneous document into the will by reference; treated as if extraneous material were part of the will

7

Incorporation by Reference

What are the three requirements?

1. Document exists at the time the will is executed

2. It is sufficiently described in the will

3. The will manifests an intent to incorporate the document

8

Codicil

What is a codicil and what are the requirements?

 

A document which serves to republish a will except for the parts of C that are inconsistent with W

Same formalities as the will itself

9

Codicil

What does the doctrines of republication by codicil provide?

Will is treated as having been executed on the date of the last codicil