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Flashcards in Construction of Wills Deck (11):

Plain Meaning

General way to interpret terms unless will states otherwise


Incorporation by Reference

1. Document in existence at time of execution (not required if UPC and personal property)
2. Testator intends document to be incorporated into the will
3. Document described in the will with sufficient certainty to permit its identification


Acts of Independent Significance

A testator can dispose of property based on some act or event that is unrelated to the execution of the will



CL- Testamentary gift would fail and go back into residuary if intended beneficiary did not survive the testator


Anti-Lapse Statutes

No lapse if predeceasing beneficiary was:
1. In protected relationship; and
2. Survived by issue


Class Gifts

CL- If member lapsed, rest of class shared their gift
UPC- applies anti-lapse



If estate doesn't have sufficient funds to pay debts or make gifts, they are reduced (first to last):
1. Property not disposed of by will
2. Residuary
3. General bequests
4. General bequests of cash, stocks, and bonds
5. Specific bequests to other takers
6. Specific bequests to T's issue
7. Specific bequests to T's spouse


Ademption by Extinction

Will makes devise of specific property no longer in the estate
CL- identity theory; no gift
UPC- intent theory; tries to find replacement gift based on intent


Ademption by Satisfaction

Specific gift satisfied in whole or part by inter vivos gift
1. Testator must intend for gift to adeem; and
2. Intent must be supported by a writing



CL- extrinsic evidence okay for latent (hidden) but not patent ambiguity
UPC- extrinsic evidence allowed for both types



Extrinsic evidence only allowed to show mistake in execution, not contents