Donations

Question 1

List the elements for a prohibited substitution:

Answer 1

A prohibited substitution is one that is (1) given in full ownership (2) by the donor to a first donee (institute), (3) who must preserve the thing, and (4) must deliver it (5) at his death (6) to the second named donee

Question 2

Is a prohibited substitution null?

Answer 2

Yes, a prohibited substitution is null as to BOTH donees

Question 3

Describe a vulgar substitution:

Answer 3

A vulgar substitution is one where a donation is made to one donee in full ownership that provides if the first donee cannot take the donation, then it will go to a second donee.

Question 4

A person cannot be a witness to a testament if he is:

Answer 4

1. insane 2. blind 3. unable to sign name 4. under the age of 16

Question 5

A testator can authorize his executor to:

Answer 5

A testator can authorize his executor to: 1. Select assets to satisfy bequests made by value or quantum (as long as the testator selects the value or quantum of the gift and the legatees) 2. allocate a legacy among different charities, and/or choose the charities

Question 6

List the 7 ways in which a legacy can lapse:

Answer 6

A legacy lapses when: 1. legatee predeceases the testator 2. legatee is incapable of receiving at testator’s death 3. legacy is subject to a suspensive condition that can no longer be fulfilled or the legatee dies before fulfillment of the condition 4. The legatee is declared unworthy 5. The legacy is renounced, but the lapse is only to the extent of the renunciation 6. The legacy is declared invalid (ex: legacy to witness, spouse of witness, or notary) 7. The legacy is declared null (ex: for fraud, duress or undue influence)

Question 7

When a legacy lapses, testamentary accretion takes place in the following order:

Answer 7

1. according to the testament; 2. According to “Most Favored Class Rule”- applies when (a) the legatee is a child or sibling of the decedent, or a descendant of a child or sibling of the decedent, (b) the legatee has descendants of his own, and (c) the cause of lapse is not invalidity or nullity (d), then the legacy accretes to the legatee’s descendants who were in existence at the time of the testator’s death 3. When lapsed legacy is a joint legacy, the legacy accretes to the other joint legatee(s) 4. A lapsed particular or general legacy accretes in favor of the successor who, under the testament, would have otherwise recieved the thing had the lapsed legacy not been made (smaller legacy from a bigger legacy) 5. A lapsed legacy not disposed of under the prior rules accretes to the universal legatee or to the general legatee if the general legacy is phrased as a residual legacy 6. Any remaining lapsed legacies devolve by intestacy

Question 8

How should one interpret contradictory provisions contained in the same testament?

Answer 8

When a testament contains contradictory provisions, the one written LAST prevails

Question 9

If a testament contains a legacy of a collection of items and also a legacy of some or all of the same items, the legacy of _____ prevails.

Answer 9

Some or all

Question 10

Is a legacy to a creditor applied towards satisfaction of the debt?

Answer 10

NO- A legacy to a creditor is not applied towards satisfaction of a debt unless the testator clearly indicates otherwise