Testate Succession (Comprise)

Question 1

Incorporation by Reference ***

Answer 1

Ga allows a T to incorp by reference a separate document into a will when certain conditions are met:

1. document must exist at the time of will execution
2. will must refer to the extrinsic doc as existing
3. will must reflect the intent to incorporate

Question 2

Family Protection

Answer 2

1. Surviving spouse may petition for years support
2. If will provides for alternate support for spouse, minor children may collect under will and years support.
3. If estate is insolvent, S and MC can still petition for years support

Question 3

Executor power and duties. how are they appointed?

Answer 3

• Appt by will
• May use powers and authority conferred by law to settle the estate as quickly as R and possible under the circumstances

Question 4

Administrator/Personal Rep
how appointed?
requriements?

Answer 4

Appointed by the court, typically the spouse or heirs.
Requirements:
1. take oath
2. issuance of appropriate letters by the probate court
3. posting of any required bond
4. No requirement that RP reside in GA as long as they qualify otherwise

Question 5

When someone challenges a will what are they called? What are their requirements?

Answer 5

Caveator

must have standing

Question 6

Grounds for will contest

Answer 6

1. lack of testamentary capacity
2. undue influence
3. fruad

Question 7

2. Undue Influence

Answer 7

Was T susceptible?
opportunity by wrongdoer? 
Motive? 
Causation? 
Substitution? 
Burden on challenger. Presumption of UI arises when a confidential R existed b/w the T and the party alleged to have asserted UI and that party have any involvement in drafting the will

Question 8

Fraud

Answer 8

1. by inducement (knowingly, c’s typically stay out of this one)
2. in execution (wasn’t aware document was a will)
3. In mistake (lack of intent to deceive)

Question 9

In terrorem clause in a will does what?

Answer 9

T indicates that whoever challenges won’t receive their portion. Ga requires the clause to state the dispositio of the forfeited prop as a condition.

Question 10

Non-probate transfers

Answer 10

1. Joint tenancy w/ right of survivorship
2. Joint accounts: payable to any depositor
3. POD account
4. Trust accounts