Wills

Question 1

Will formalities

Answer 1

attested will must be signed by T and 2 witnesses
sign in each others presence

testamentary capacity (ability to understand nature of act; extent of property; objects of bounty; effect of will Determined at time of execution)

Question 2

holographic will

Answer 2

must be in T’s handwriting and signed by T

not holographic if attested

Question 3

Codicil

Answer 3

Amends prior will and republishes it

Question 4

document incorporated by reference if

Answer 4

(!) in existence when will executed (2) sufficiently describes writing and (3) will manifests intent to incorporate

UPC for personal property signed but does not have to be in existence at time.

Question 5

slayer rule

Answer 5

one who feloniously and intentionally causes decedent’s death forfeits share

Question 6

ademption

Answer 6

when specifically bequeathed property not in estate at death the gift is addeemed.

exception for sale by conservator

objective test - if gift not in estate at death fails

intent test B will take if can show T intended him to take substitute property.

UPC: specific devisee has right to real property acquired by T as replacement for the specifically devised property (bought with proceeds)

Question 7

stock dividend

Answer 7

at CL specific bequest of stock included splits but not dividends. Most states and UPC include both.

Question 8

Divorce

Answer 8

Divorce revokes all provisions in favor of former spouse ; under CL divorce does not revoke gift to anyone else.
UPC - divorce also revokes bequests to relatives of former spouses.

Question 9

Intestate Succession

Answer 9

under typical scheme, property passes in order: spouse, descendants, parents and or siblings (And children of deceased siblings)

most states per capita by representation: split at first level with living takers; some states use per capita at each generational level which would have same result; some states a strict per stirpes; shares determined at first level even if no living takers.

Question 10

lapse

Answer 10

if B dies in T’s lifetime, gift lapses - saves gift for B if B is related to T.

Question 11

abate

Answer 11

when estate insufficient to pay all bequests claims, gifts abate. In following order: intestate property; residuary estate; general legacies; demonstrative legacies; specific devises.

Question 12

Undue influence

Answer 12

contestant must prove = influence exerted; overpowered mind of T and product was will that would not have been executed but for influence.

Presumption arises when confidential relationship; B participated in procuring will and provisions unnatural and favor alleged influencer.

Question 13

Testamentary intent

Answer 13

t must intend document to operate as will;

Question 14

Revocation by subsequent instrument

Answer 14

must be present intent to revoke and instrument executed with testamentary formalities

intent to revoke plus physical act … must have actual effect on will or its language

Question 15

Interested witness

Answer 15

at CL if attesting witness was beneficiary will could not be probated; no longer the rule.

Question 16

K and will

Answer 16

UPC requires will provisions stating terms of K express reference in will to K or a singed writing by decedent.

Question 17

Integration

Answer 17

pages present and testator intended pages to be will; presumption if pages physically connected; internal coherence; or pages constitute orderly dispositive plan.

Question 18

dependent relative revocation

Answer 18

applies when revocation due to mistaken belief other bequest was valid.