Quiz 3 Vocab Flashcards Preview

LAS206 - Probate > Quiz 3 Vocab > Flashcards

Flashcards in Quiz 3 Vocab Deck (19):
1

apportionment clause

Clause in the will that sets out how the taxes, debts, funeral expenses and medical expenses are to be paid or apportioned.

2

testamentary capacity

Legal Ability to create a Will. Two criteria, Age and mental state.

3

lucid interval

a moment when an incompetent, as adjudicated, can execute a valid will. A rational moment

4

undue influence

a dominant party takes advantage of their position in entering a contract with a party under their influence

5

holographic will

Will that is completely handwritten.

6

nuncupative will

Oral Will.

7

self-proving clause

affirming before a notary public will subscribe the testator and the witnesses signed in their presence and in the presence of each other. It can serve as testimony in court.

8

codicil

An amendment to a will.

9

incorporation by reference

a reference to an outside document, making that document part of a contract (Will).

10

dependent relative revocation

If second will is invalid, the first will that was revoked is reinstated.

11

joint will

A contract – One will for both parties. one cannot revoke their will without the consent of the other party

12

mutual will

a/k/a reciprocal wills - also a contract–two wills but contain an agreement the survivor will not change their will after the other dies.

13

will contest

challenges the validity of the testator’s will after their death.

14

in terrorem clauses

anyone who contests the will forfeits their interests.

15

attestation of a will

Act of witnessing the perfor4mance of statutory requirements to valid execution.

16

subscribing signature

Literally means “to go underneath”. (Sub = under) Goes at the bottom of the page. Witnesses sign the will below the testator’s signature.

17

primogeniture

passing to the first born (eldest) male child. Excluded females.

18

Dead Man statute

Evidentiary rule that prohibits a beneficiary testifying for their own interest and against the interest of the decedent.

19

Attestation clause

a clause wherein the witnesses certify that the instrument has been executed before them