Intestate

Question 1

undue influence

Answer 1

(1) influence exerted on testator
(2) effect of influence was to overpower the mind and free will of testator AND
(3) product of the influence was a will that would not have been executed but for the influrnce

Question 2

presumption of undue influence

Answer 2

(1) confidential relationship
(2) beneficiary participated in procuring or drafting the will and
(3) provisions of will are unnatural and favor undue influencer

Question 3

effect of undue influence

Answer 3

will is void if procured by undue influence

if only part of will procured by undue influence- only that part if void and remained will be given effect

Question 4

intestate with no spouse

Answer 4

entire estate passes to the decedent’s children and descendants of deceased children

Question 5

issue take per capita with representation

Answer 5

property divided into equal shares at the first generational level at which there are living takers.

the deceased person at that level passing to issue by right of representation

Question 6

under per capita at each generational level

Answer 6

initial division of shares made at first generational level with living takers

shes of deceased persons are combined and then divided equally among the takers at next generational level

Question 7

under common law strict per stirpes distribution

Answer 7

one share passes to each child of decedent- regardless of whether there are any lvigin takers at that level

if child deceased - child’s share passes to his descendants by representation

Question 8

residuary gifts

Answer 8

if bequeathed to two or more beneficiarys and one of shares lapses- share falls out of will and passes by intestacy

modern rule- share passes to other residuary beneficiaries in proportion to their interests in residue