Establishing Entitlement Flashcards
What is the special rule relating to adopted children?
Treated as children of the adoptive parents not the birth parents
What is the effect if a gift fails?
The subject matter falls into the residuary estate and will be taken by the residuary beneficary
What happens when the identity of the gift is not possible to ascertain from the wording of the will?
The gift fails for uncertainty
What is the effect when a beneficiary or their spouse witnesses the will?
The gift to the beneficiary fails - (but the will has been validly executed)
What is the effect of divorce or dissolution when establishing entitlement?
If divorce happens after the will has been executed the gift passes as if they had died on the day they got divorced
What is ademption?
A specific gift will fail if the testator no longer owns that property at death - i.e, the property has been sold, given away or destroyed during the T’s lifetime
How can T add or change a will in a minor way?
By executing a codicil - this is a supplement to a will which must be executed in the same way as a will to be valid
What is the effect if a gift lapse?
A gift fails or ‘lapses’ if the beneficiary dies before the T.
The property then passes under intestacy tules
What is the effect of survivorship clauses and lapses?
When a beneficiary and T dies within a short time between each other -
The B must have served T for a specific period of time (28 days) to receive the property
What is a disclaimer?
A beneficiary cannot be forced to accept a gift - they can disclaim the gift which then falls into residue or passes on intestacy
What is forfeiture?
A person cannot benefit from the estate of a person they have unlawfully killed
