When does lapse occur?
When a beneficiary predeceases T
When does an anti-lapse statute do?
It saves the gift if
1. The predeceasing beneficiary was in a specified degree of relationship with T, i.e. related, and
2. PB had descendants who survived T
When an anti-lapse statute applies, what is the name given to the term describing how PB's descendant's take?
When an anti-lapse statute applies, what is the one instance it will not be used?
When a contrary provision appears in the will, e.g. "I do not want X's descendant's to take"
What is the split of authority regarding how words of survivorship are treated?
Words of survivorship are treated as a contrary provision
Words of survivorship not enough to negate anti-lapse
What is ademption?
The failure of a gift because the property is no longer in T's estate
To what does ademption apply?
Specific devises or bequests only
What does specific mean?
The gift can only be satisfied by receipt of the particular property described
What is the effect of ademption on the intended beneficary?
They take nothing
What two types of legacies does ademption not apply to, and what are they?
Gift of a specific dollar amount
Gift of a specific dollar amount with a particular asset as the source of payment
What happens to a demonstrative legacy to avoid ademption?
Other assets are sold off or directly given to the beneficiary
What three elements are required?
1. Influence was exerted
2. It overpowered the mind and free will of T
3. The resulting will would not have been executed but for the influence
What evidence must be shown to establish undue influence, and what evidence cannot?
Direct evidence showing it happened
Circumstantial evidence that T could have been influenced is not enough
When will a presumption of undue influence arise?
1. Confidential relationship between T and beneficiary
2. B was active in procuring, drafting, or executing the will
For what confidential relationship will a presumption of undue influence not arise?
What is abatement?
Process of reducing testamentary gifts in cases where the estate assets are not sufficient to pay all claims and satisfy all bequests and devises
Unless T sets out an order of abatement in the will, in what order will an estate be abated?
1. Property passing by intestacy
2. Residuary estate
3. General legacies
4. Specific bequests and devises
What are the two categories of demonstrative legacies for abatement?
To the extent it can be satisfied by the designated source
To the extent that the fund is insufficient