TWE

Question 1

Valid Attested Will

Answer 1

Rule - A valid attested will must be
1. In writing
2. Signed by the T or signed by someone else at T’s direction and in T’s presence, AND
3. Signed in presence of 2 witnesses or T must expressly acknowledge signature in their presence

Question 2

Holographic Will

Answer 2

Rule - To be a valid holograph, the document must be
1. Signed by T
2. Material provisions in T’s handwriting, and
3. Exhibit T’s testamentary intent

No W requirement

Question 3

Per Capita

Answer 3

Rule - Under per capita, each survivor in each generation is treated alike.

Divide into shares at 1st generation with a living person
Combine shares of all deceased, drop the bucket down, distribute evenly. Repeat.

Question 4

Per Capita by Representation

Answer 4

Rule - Under per capita by representation, the estate is distributed among the survivors in the 1st generation with a living person.

Each dead person’s share passes to that person’s decedents and split evenly.

Question 5

Abatement & Order

Answer 5

Rule - If the assets of an estate are insufficient to satisfy T’s debts and gifts, the court will abate pro rata.

1. Intestacy property
2. Residuary bequests
3. General bequests
4. Specific bequests

Question 6

Trust Requirements

Answer 6

Rule - To create a trust, there must be:
1. S’s intnt to make a trust
2. Trust property
3. Valid trust purpose - anything not illegal or against public policy
4. Ascertianable beneficiaries

Question 7

Undue Influence - Traditional Approach

SMOC - worn in the traditional times

Same for trusts and wills

Answer 7

Rule - Under the traditional approach to undue influence, a contestant must show four elements:
1. Susceptibility
2. Motive
3. Opportunity
4. Causation

Question 8

Undue Influence - Confidential Relationship

Trusts & Wills

Answer 8

Rule - A presumption of undue influence arises when:
1. The principal B of will/trust has a confidential relationship with the T
2. Principal B participated in execution of the will/trust, and
3. The gift to the B is unnatural

If presumption arises –> B must show by C&C evidence that they did not exert undue influence

If cannot rebut –> B gets intestate share

Question 9

Terminating a Trust - 3 ways

You just have to ASC

Answer 9

1. Automatically terminates at end of stated term
2. If S is dead, terminates if all Bs agree - BUT Unfulfilled Material Purpose
3. Court order if trust purpose becomes illegal, impossible, or impracticable

Question 10

Unfulfilled Material Purpose

Trust termination

Answer 10

Rule - A trustee can block the premature termination of a trust by the Bs if the trust is shown to have an unfulfilled material purpose