Will Shortlist (Flemmings)

Question 1

What is general approach (outside) to wills?

Answer 1

VCR DD

or

VALID, CONSIST OF, Revocation, DRR, Distribute

Think of young generation Z kid, asking his lawyer how to play his grandfathers, video will…. Use the “VCR…. Dumb Dumb!”

Question 2

What is the second layer within the approach to Wills?

Answer 2

VCR DD

Valid - Intent, Capacity, Formalities

Consist of - Incorporation by Reference, Integration, Acts of Independent Significance

Revocation - Subsequent Will, Physical Act, Operation of Law

Dependent Relative Revocation - (i) Mistaken Belief (ii) Prior Revoked WIll is Revived

Distribute - Classify Gift, Ademption, Abatement, Laspe, Anti-Lapse

Question 3

What is Testamentary Intent?

Answer 3

Unequivocal intent to dispose of property upon death

Testamentary intent is crucial in validating a will’s legitimacy.

Question 4

What is Testamentary Capacity?

Answer 4

Must be of sound mind and at least 18 years old

Testamentary capacity ensures the testator understands the implications of their decisions.

Question 5

What are the testable issues regarding wills?

Answer 5

• Fraud
• Incapacity
• Undue Influence
• Mistake

These issues can challenge the validity of a will.

Question 6

Define Fraud in the context of wills.

Answer 6

Willful deceit…detrimental reliance… at execution or inducement

Fraud can invalidate a will if proven.

Question 7

What does Incapacity entail for a testator?

Answer 7

Must know and understand:
* Nature/extent of bounty
* Persons who are natural object of bounty
* Nature of disposition

Incapacity affects the testator’s ability to create a valid will.

Question 8

What is Undue Influence?

Answer 8

Destroys free agency of testator; involves:
* Susceptibility
* Opportunity
* Disposition
* Unnatural

Undue influence can lead to a will being contested.

Question 9

What constitutes a Mistake in the context of wills?

Answer 9

Mistake in the execution or inducement (fraud?) is on face of will

Mistakes can render a will invalid if significant.

Question 10

What are the Legal Formalities for a will?

Answer 10

Writing, signed, attested… CA - Clear and Convincing Standard

Legal formalities ensure that the will is executed properly.

Question 11

What is Attestation?

Answer 11

Two persons, present at signing, understand will, sign (prior T dies)

Attestation is essential for validating a will.

Question 12

What defines a Competent Witness?

Answer 12

At time of execution must be competent

Competent witnesses are critical to ensure the will is legally binding.

Question 13

What does Clear and Convincing mean in the context of wills?

Answer 13

Proponent shows Clear and Convincing Evidence that will is testator’s intent

This standard is used in will contests.

Question 14

What is a Holographic Will?

Answer 14

Material portions are in writing, and must be signed

Holographic wills can be valid without formal witnessing.

Question 15

What must Contracts Make a Will meet?

Answer 15

General K standards

Contracts related to wills must adhere to standard contract law.

Question 16

What is a Codicil?

Answer 16

Amendment to prior will… must satisfy legal formalities… republishers will

Codicils allow for changes to existing wills.

Question 17

Define Incorporation By Reference.

Answer 17

Document in existence at time, identified in will, is incorporated

This allows for additional documents to be part of the will.

Question 18

What is Integration in terms of a will?

Answer 18

A will written on more than one piece of paper… “has physical connection”

Integration ensures that all parts of a will are treated as a single document.

Question 19

What are Acts of Independent Significance?

Answer 19

A will references acts that have significance in will

This concept allows for certain actions to impact the will’s distribution.

Question 20

What are the methods of Revocation of a will?

Answer 20

• Subsequent Will
• Physical Act
• Operation of Law
• Dependent Relative Revocation

Revocation can occur through these various means.

Question 21

What does a Subsequent Will do?

Answer 21

Revoke Whole or Part of will by Express Terms

A new will can invalidate the previous one.

Question 22

What constitutes a Physical Act of revocation?

Answer 22

Destruction of will or Terms, with Simultaneous Intent to Revoke

Physical acts must demonstrate clear intent to revoke.

Question 23

What is meant by Operation of Law?

Answer 23

Revocation occurs due to:
* Marriage
* Children
* Divorce

Certain life events can automatically revoke a will.

Question 24

What is an Omitted Spouse?

Answer 24

Intent? Provided for outside of will?, Contract to waive rights?

This addresses the rights of spouses not mentioned in a will.

Question 25

What is an Omitted Child?

Answer 25

Intent? Subst. all Estate to Parent? Outside of Will? (Adopted?) ## Footnote Omitted children may have claims against the estate.

Question 26

What happens upon Divorce concerning a will?

Answer 26

Automatic revocation of will ## Footnote Divorce can lead to significant changes in estate planning.

Question 27

What is Dependent Relative Revocation?

Answer 27

Mistaken belief…Prior revoked will is Revived… ## Footnote This concept allows for potential revival of a previously revoked will.

Question 28

What does Revival allow?

Answer 28

Allows a revoked will to be probated because the revoking was itself revoked ## Footnote Revival can restore a will that was previously invalidated.

Question 29

What are the classifications of gifts in a will?

Answer 29

* Special (specific) * General ($) * Demonstrative (acct $) * Residual ## Footnote Classifications help define how gifts are distributed.

Question 30

What is Ademption?

Answer 30

Property in will is no longer in existence… Usually to residuary ## Footnote Ademption impacts how gifts are distributed based on property availability.

Question 31

What is Abatement?

Answer 31

Reduce gift because testator's estate is insufficient to pay estate obligations ## Footnote Abatement prioritizes debts over gifts in an estate.

Question 32

What is Lapse?

Answer 32

When devise/legatee dies after execution of will, the gift falls to residue ## Footnote Lapse can affect distribution if beneficiaries predecease the testator.

Question 33

What does the Anti-Lapse Statute do?

Answer 33

The predeceased descendants will prevent lapse ## Footnote This statute helps ensure that gifts are not lost due to the death of a beneficiary.