Wills

Question 1

Disposition of a life insurance policy are governed by:

Answer 1

The terms of the life insurance K

Question 2

Totten Trust

Answer 2

a deposit of money in “trust” for another person

Question 3

In a totten trust, the ___ retains complete control over the account during ____ and the transfer is complete upon ____

Answer 3

Depositor

Their Lifetime

Their death

Question 4

T/F

A totten trust is a type of trust

Answer 4

False, its an account

Question 5

Under the UPC, creditors can reach the money in a joint account to the extent that:

Answer 5

the decedent deposited money in the account, if the other estate assets are insufficient to satisfy creditor claims

Question 6

Property may pass by intestate succession when:

2 situations

Answer 6

1. A decedent dies w/o a will or their will is denied probabte
2. A decedent’s will does not dispose of all property

Question 7

Maritial rights (do/do not) change as the couple moves from 1 state to another

Answer 7

Do not

Question 8

Which state intestacy law applies for personal prop?

Answer 8

Law of decedent’s domicile at death

Question 9

Which state intestacy law applies for real prop?

Answer 9

Law of the situs of the property

Question 10

In most states, if the decedent leaves descendants and a SS, the SS will take:

Answer 10

1/3 or 1/2 of the estate

Question 11

Under the UPC, if the decedent leaves descendants and a SS, the SS will take:

Answer 11

the entire estate, if the SS and decedent all share same kids and SS has no other surviving kids

Question 12

In most states if the decedent has a SS but no kids, the SS takes:

Answer 12

the entire estate

Question 13

Under the UPC, if the decedent has a SS but no kids, the SS takes:

(UParentsC)

Answer 13

the entire estate unless the decedents parents are alive

Question 14

If all of the decedents kids survive him, each child receives:

Answer 14

an equal share

Question 15

A descendant from a younger generation cannot take if:

Answer 15

the older generation is still alive

grandchild (younger) their parent (older)

Question 16

If at least 1 descendant predeceased the decedent and has a kid who also survives the decedent, you can split the shares by:

(3 distribution schemes)

Answer 16

1. Classic/Strict Per Stirpes (minority)
2. Per capita w/ representation (majority, use on bar)
3. Per capita at each generation (UPC)

Question 17

Under the ____ distribution scheme, shares are divided at the child generation even if no child survives the intestate/decedent

(NO, you’re grounded)

Answer 17

Classic/Strict Per Stirpe

Estate not divided by Son 2 because he has no kids

Question 18

Under a classic per stripes distribution, how would property be distributed?

Answer 18

A & B = 1/4 or 25%
C = 1/2 or 50%

C takes D’s share completey bc no sibling to split with

Question 19

Under the ____ distribution scheme, property is divided into equal shares at the first generational level with living takers

(rep by the living) (majority on the bar)

Answer 19

Per capita w/ representation

Question 20

Under a per capita w/ representation distribution scheme, how would property be distributed?

Answer 20

A, B, C = 1/3

Question 21

Which distribution scheme does the UPC follow?

Answer 21

Per capita at each generation

Question 22

Under a ____ distribution scheme, property is divided at the first generational level w/ living takers, but the shares of the deceased are combined and divded equally at the next generational level

Answer 22

Per capita at each generation

Question 23

In a ___ distribution scheme, if the children of the decedent are deceased, their shares are pooled and divided qually among their children (the grandchildren)

(kids love to swim)

Answer 23

Per capita at each generation

Question 24

Under a per capita at each generation, how is property distributed?

Answer 24

C, D = 1/4
E, F, G = 1/6

A & B’s 1/4 are + together to get 1/2 then divide by 3 takers (E,F,G)

Question 25

If the decedent is not survived by kids or SS, property passes to

Answer 25

parents or collaterals ( siblings, aunt, uncles, etc)

Question 26

T/F: Adopted children are treated the same as biological children

Answer 26

True. No inheritance in either direction between adopted children and their biological children

Question 27

T/F: If a step-child dies, the step-parent can inherit from them

Answer 27

False

Question 28

Step-children and foster children have no inheritance rights unless:

Answer 28

adopted by the step/foster parent

Question 29

The doctrine of adoption by estoppel permits a child to inherit from/through a step/foster parent if:

Answer 29

legal custody is gained under an unfulfilled agreement to adopt them

Question 30

A non-marital child always inherits from their:

Answer 30

Mother

Question 31

A non-martial child will inherit from their father if:

3 Requirements (M.A.C&C)

Answer 31

1. the father married the mother after child’s birth
2. man was ajudicated to be father in a paternity suit
3. man is proved by C & C evidence to be the father

Question 32

If a person is in gestation at the time of the intestate’s death, most states will allow them to be:

Answer 32

An heir

Question 33

Some states will allow a child of the intestate who was not in gestation to inherit if:

Answer 33

they are botin within a statutorily stated period of time

Question 34

Under the UPC, a testator may disinherit someone and exclude their right to succeed to property passing by:

Answer 34

intestate succession

Question 35

An ____ is a lifetime gift to an heir with the intent that the gift be applied against any share the heir inherits from the estate

Answer 35

Advancement

Question 36

Under the UPC, a lifetime gift is not an advancement unless:

2 Requirements (D&A)

Answer 36

1) donor declares it in a contemporaenous writing
2) Heir acknowledges it in a writing

Question 37

If an advancement is given, the value of the gift is added back into the estate, and then ___ from the recipients share

Answer 37

Subtracted

Question 38

Under the UPC, an advancement is not binding on the advancee’s successor unless:

Answer 38

the required writing states it is

Question 39

120 hours is how many days?

Answer 39

5 days

Question 40

Under the USDA, if the order of death cannot be established, property passes as if:

Answer 40

Each decedent survived the other

Question 41

Under the USDA, in the case of JTROS, how does the prop pass?

Answer 41

1/2 the prop passes through the estate of each party

Question 42

The USDA applies only if:

Answer 42

the order of survival cannot be determined. if there is evidence, even if only by minutes, the USDA does not apply

Question 43

Under the UPC, a person must survive the decedent by ___ to take porperty

Answer 43

120 hours

Question 44

The USDA and the UPC rules will not apply when two decedents die at the same time if:

Answer 44

The decedents will makes a provision regarding survival

Question 45

Whenever you see an exam question about people dying at or about the same time, you should discuss:

Answer 45

USDA and the UPC 120-hour rule

Question 46

Under the USDA, property passes from the first decedent to the second and then to:

Answer 46

the second decedent’s estate to their heirs or devisees

Question 47

T/F: an heir or beneficiary cannot disclaim their interest

Answer 47

False

Question 48

Why woud someone want to disclaim their interest in property?

Answer 48

Burdensome, taxes, avoid creditors

Question 49

In most states, a disclaimer must be:

4 Requirements: W,S,AB,FWW

Answer 49

1. written
2. signed by the disclaimaint
3. acknowledged before a notary
4. filed w/ appropiate ct w/n 9 months of death

Question 50

For fed. tax purposes, a surviving JT may disclaim their interest only within:

Answer 50

9 months from the other JT’s death

Question 51

For fed. tax purposes, the holder of a future interest may disclaim their interest only within:

Answer 51

9 months after the interest was created

Question 52

T/F: A disclaimer can only be made by the beneficiary

Answer 52

False, can be made by a guardian on behalf of infant or incompetent or personal rep

Question 53

An interest cannot be disclaimed if:

Answer 53

the heir or beneficiary has accepted the property or any of its benefits

Question 54

How does disclaimed prop pass?

Answer 54

As if the disclaimant predeceased the decedent

Question 55

The disclaimer of a life estate accerlerates:

Answer 55

the remainder

Question 56

Under slayer statutues, the property passes as if:

Answer 56

the kiiller predeceased the victim

if no conviction, killing must be proved by a preponderance of the evidence before applying forfeiture rule

Question 57

The only way to avoid intestacy is to:

Answer 57

Leave a valid will

Question 58

A will is revocable during ___ and operational upon ___

Answer 58

the testators life

the testators death

Question 59

A ___ is a supplement to a will that modifies it

Answer 59

Codicil

Question 60

Which law governs the validity and effect of a will w/ respect to real property?

Answer 60

The law of the state where the prop is located

Question 61

Which law governs the validity and effect of a will w/ respect to personal property?

Answer 61

The law of the state where the testator was domiciled at time of death

Question 62

To satisfy legal capacity, the testator must:

Answer 62

be at least 18 years old and of sound mind

some states allow under 18 if married or in military

Question 63

Testamentary capacity requires that the testator have the capacity to understand:

4 Requirements (Naturex2, P, + F)

Answer 63

1. nature of their act (executing a will)
2. nature and extent of their prop
3. people in their family
4. everything aboive and be able to formulate an orderly scheme of distribution

Question 64

The testator’s capacity is determined at the time of:

Answer 64

will execution

shortly before & shortly after counts too

Question 65

T/F: A mentally challenged invididual can never make a valid will

Answer 65

False, just has to meet 4 requirements

Question 66

A person adjudicated incompetent may be able to execute a will during:

Answer 66

a lucid interval

Question 67

The testator must have ___ that the instrument operates as a will

Answer 67

Present intent

promises to make a will in the future are not effective

Question 68

When it is unclear whether an instrument was intented to be testamentary, intent will only be found if it is shown that the testator:

3 requirements (D,D,A)

Answer 68

1. intended to dispose of the property
2. intended the disposition to occur only upon his death
3. intended that the instrument in question accomplish the disposition

Question 69

To execute a valid will, most states require formalities such as:

5 Requirments

Answer 69

1. be in writing
2. signed by the testator or another at their direction + in their presence
3. two attesting witnesses
4. testator sign in witnesses presence
5. witnesses sign in testators presence

Question 70

Under the UPC, a will is valid if it meets the other req. and it is :

Answer 70

1. attested by two competent witnesses
   or
2. signed by a notary

Question 71

T/F: A testator’s signature must clearly resemble their name

Answer 71

False, it may be initials, nicknames, illegible sigs, rubber statmps, X, etc

Question 72

A ___ is a signature made by another at the testator’s:

Answer 72

proxy signature

direction + in their presence

Question 73

T/F: Under the UPC, a will is valid if it is sgined anywhere on the instrument

Answer 73

True

Where the sig is required to be “at the end” and the testator signs elsewhere, some states hold the will is void and others uphold the will as valid but disregard everything following the signature

Question 74

Competency of Witnesses

___ means that at the time the will is executed, the witness is mature enough and of sufficient mental capacity that they could testify in court on these matters

Answer 74

Competency

Question 75

T/F: Witnesses must know the contents of the will

Answer 75

False

Question 76

T/F:Under the UPC, gifts to interested witnesses are not purged

Answer 76

True

Question 77

A purging statute requires that a gift to an interested witness may be:

Answer 77

Void

Question 78

Under the “conscious presence test”, the presence requirement is satisfied if:

2 Requirements

Answer 78

1. Each party knew where the other parties were and what they were doing
   and
2. the act of signing took place w/n the general awareness and cognizance of the other parties

Question 79

T/F: Participating via telephone or compute will satisfy the presence requirement

Answer 79

False, unless the state has e-will legislation

Question 80

Probate can be made faster and cheaper if the testor includes a:

Answer 80

Self-proving affidavit

Question 81

A self-proving affidavit recites that:
1. all the elements of due execution were ___ and is
2. sworn by the testator and witnesses before a ____

Answer 81

Performed

Notary

Question 82

An ___ recites the elements of due execution and is prima facie evidence of those elements

Answer 82

Attestation Clause

Not required but useful

Question 83

Under the UPC, ___ substitutes the attestation of witnesses

Answer 83

notarization

Question 84

T/F: Under the UPC, the court never has the authority to ignore harmless errors

Answer 84

False

Question 85

A defectively executed will can be given effect if the will proponent :

Answer 85

established by C&C evidence that the testator intended the doc to be their will

Question 86

A holographic will is one that:

Answer 86

Is entirely in the testator’s handwriting and has no attesting witnesses

Question 87

Under the UPC, a holographic will is valid if the portion in the testator’s handwritting is not:

Answer 87

Material

Question 88

In contrast to a holographic will, ____ made after execution of an attested will are not given effect

Answer 88

interlineations

changing benifs, amounts,etc. May be a revocation

Question 89

Attorney’s Liability for Negligence

An attorneys duty runs to the client and:

Answer 89

their intended beneficiares of the attorney’s services

Question 90

Inteded beneficiates may sue an atty for:

Answer 90

1. negligence
2. as a TPB of the atty-client K

can sue for negligent preparation or execution of a will

Question 91

The SOL for a negligent prepartion/execution claim begins:

(DDD)

Answer 91

date of decedent’s death

NOT on the date the will was executed

Question 92

A ___ is a gift of real property

Answer 92

Devise
The recipient is a devisee

Question 93

A ___ is a gift of personal property

(be who you are as a person)

Answer 93

Bequest

Question 94

A ____ is a gift of personal property in a will

Answer 94

Legacy

The recipient is called a legatee

Question 95

A ___ devise or legacy is a gift of particular item of property, distinct from everything else is testator’s estate

Answer 95

Specific

“I leave my sony computer, Model 667TYZ8 to Delany Davis”

Question 96

A specific bequest of ____ is not distinguishable until the testator dies

Answer 96

general nature

“I leave my compute to Delany Davis:

Question 97

A ___ is a gift of general economic benefit payable out of the general assets of the estate w/o requiring a particular ____

Answer 97

General legacy

Source of Payment

“I leave $10k to Delany Davis”

Question 98

A ___ is a gift of general amount that is to be paid from a particular source

Answer 98

Demonstrative legacy

Question 99

If the fund for a demonstrative gift is insufficient, the balance will be paid from:

Answer 99

Other assets of the estate

Question 100

The residuary estate consists of the balance of testator’s property after paying:

Answer 100

1. debts, expenses, taxes
2. specific, general, and demonstrative gifts

Question 101

Ademption is the failure of a gift that occurs when:

Answer 101

The prop is no longer in the estate at time of death

applies only to specific devises and bequests

Question 102

Ademption by satisfaction occurs where there is an ___ transfer from the testator to the benif after execution of the will

Answer 102

Inter-vivos

Only effective if the testator intends for the transfer to have that effect

Question 103

Under the UPC, ademption by satisfaction does not apply unless the testator provides for satisfaction in:

Answer 103

1. the will
   or
2. a contemporeanous writing
   or
3. the devisee acknowledges in writing that the gift is one of satisfaction

writing not req. if T gives specflly described propr to benif

Question 104

Increases Occuring Before Testator’s Death

Income on property goes to the ____

Answer 104

General Estate

Question 105

Increases Occuring Before Testator’s Death

Improvements to real property go to the ___

Answer 105

specific devisee

Question 106

Increases Occuring After Testator’s Death

Any increase to specific gifts occuring after testator’s death passes to the ____

Answer 106

specific benef

Question 107

Under the UPC, a benef will take an increase in ___ caused by a merger or corp. reorg

Answer 107

securities

Question 108

T/F: A benef takes new securites that have been purchased or acquired by reinvestment of dividends

Answer 108

False

Question 109

Under the UPC, liens on specifically devised prop are not exonerated unless

Answer 109

the will intends

so, benef takes prop subject to debt

Question 110

___ is the process of reducing testamentay gifts in cases where the estate assets are not sufficient to pay all claims and satisfy ass bequests/devises

Answer 110

Abatement

Question 111

Testamentary gifts abate in the following order absent an order in the will:

Answer 111

1. prop passing by intestacy
2. residuary estate
3. general legacies
4. demonstrative legacies (treated as spec. legacy for abatement)
5. specific bequests and devises

Question 112

A gift lapses if:

Answer 112

1. the benef predeceases the testator
2. the benef disclaims
3. the benef did not survive long enough (120 rule)

Question 113

T/F: Under the UPC, mere words of survivoship are not sufficient to negate application of the anti-lapse statute

Answer 113

True

Question 114

If a will makes a gift to a class, only the class members that ___ the testator will take a share of the gift

Answer 114

Survive

unless will provides otherwise

Question 115

If a will makes a gift to a benef who is dead at the time the will was executed, the will is ___

Answer 115

void

Question 116

Will Construction

Leaving a will indicates that the testator did not want to:

Answer 116

Die intestate

Question 117

Will Construction

Between two or more contradictory provisions in a will, which prevails

Answer 117

The last one

Question 118

Will Construction

The will is construed as:

Answer 118

A whole

Question 119

Will Construction

Words in a will are given their ___ and ___ meaning unless testator intended otherwise

Answer 119

Ordinary and grammatical

Question 120

Technical words are given their _____ meaning

Answer 120

Technical

Question 121

A ___ ambiguity exists if a provision is ambiogus on its face and fails to convey a sensible meaning

Answer 121

patent

Patents for makeup that goes on your face

Question 122

Under the tradional view, extrinsic evidence (is/is not) admissible to correct a patent ambiguity

Answer 122

Is not

Question 123

Under the modern view, extrinsic evidence (is/is not) admissible to correct a patent ambiguity

Answer 123

Is, but cant be used to fill in blank spaces or supply omitted gifts

Question 124

A ___ ambiguity exists when the language of the will is clear on its face, but cannot be carried out w/o further clarification

Answer 124

Latent

Ct will consider extrinsic evidence to resolve ambiguity

Question 125

Extrinsic evidence cannot be used to disturb the ___ of a will

Answer 125

Clear meaning

Question 126

No Apparent Ambiguity

When a benef thinks the testator made a mistake, under the traditional rule, extrinsic evidence (can/cannot) be used to disturb the clear meaning of the will

Answer 126

Cannot

Question 127

No Apparent Ambiguity

When a benef thinks the testator made a mistake, under the modern rule, extrinsic evidence (can/cannot) be used to disturb the clear meaning of the will

Answer 127

Can

Question 128

A doc can be incorporated by reference if:

Answer 128

1. the will manifests an intent to incorporate the doc
2. The doc is in existence at time will was executed
3. the doc is sufficiently described in the will

Question 129

At common law, a will must be wittnessed by:

Answer 129

2 disinterested witnessess

Question 130

Most states allow an interested witness if:

Answer 130

1. an interested witness is an heir (any gift to them is reduced to their intestate share)
2. or another disinterested witness was present so there are still 2

Question 131

If a codicil ___ a will, the will is deemed executed on the same date as the codicil

Answer 131

republishes

cannot republish an invalid will, but can cure interested witness issue

Question 132

Incorp. by reference

Under the UPC, a bequesst of tangible personal prop (other than $$$) will be incorp. if:

Answer 132

1. signed by T and
2. item and devisees are described w/ reasonable certainty

doc does not have to be in existent at time of will execution

Question 133

Acts of independent significant are act or events w/ significane ___ of the will making process

Answer 133

Outside

can be used to fill in any gaps of a will

Question 134

A conditional will is a will that provides it is to be operative only if ____

Answer 134

a certain event does or does not occur

Question 135

T/F: Parol evidence is admissible to show that a will on its face was meant to be conditional

Answer 135

False

Question 136

Any addition alteration, interlineation or deletion made after the will has been signed and attested is ____

Answer 136

ineffective to change the will

unless the will is reexecuted w/ proper formalities

Question 137

Uniform Testamentary Additions to Trusts Act

Under the UTATA, a testator may make a gift to a trustee of an ___ even if the trust may be amended or revoked after execution of the will

Answer 137

inter vivos trust

if trust is revoked,, gift lapses/fails

Question 138

When a testator makes a gift to a trustee of an intervivos trust through a pour-over provision, does the trust have to be funded prior to testators death?

Answer 138

No

Question 139

Integration

A person probating a will must show that the pages present at the time of execution are the same ones present at time of___

Answer 139

Probabe

physical attachment, orderly disposition, etc raise a presumption that pages were present and intended to be part of will when executed

Question 140

____ wills are separate wills executed by 2 or more testators that contain substantially similar provisions

Answer 140

Reciprocal/Mutual

“sweetheart” wills

Question 141

A __ will is a will executed or not revoked as the ___ for a K

Answer 141

Contractual

Consideration

K law, not Wills law governs

Question 143

A contractual will may be revoked by:

Answer 143

Agreement btwn the parties while both alive. Irrevocable at death

Question 144

If the testator repudiates a contractual will after substantial performance, the promisee may seek:

3 option

Answer 144

1. damages
2. quantam meruit
3. equitable relief

if testator dies in breach, ct will grant a constructive trust for benefit of the promisee

Question 145

A ___ is an authority granted to a person enabling them to designate w/n the limits, the person who shall take the property and the manner in which they should take it

Answer 145

Power of appointment

Question 146

Diff. btwn general and special power of appointment

Answer 146

Gen = power exercisable in favor of anyone, including themselves

Special = power exercisable in favor of a limited class of appointees, not including themselves

Question 147

What happens when a donee does not exercise their gen. power of appt?

Answer 147

Donee’s creditors cannot reach the prop.

Question 148

If the donee of a gen. power of appt is also the donor, the donee’s creditors (can/cannot) reach the assets, regardless of if donee exercises the power

Answer 148

Can

Question 149

Revocation of Wills

A person w/ testamentary capacity can revoke their will:

Answer 149

At any time prior to death

Question 150

Revocation of Wills

What are the 3 ways a will can be revoked?

Answer 150

1. operation of law
2. subsequent instrument
3. physical act

Question 151

Revocation of Wills

Under the UPC, a new spouse after execution of a will means the spouse takes an intestate share as an “omitted spouse” unless:

3 req.

Answer 151

1. will makes provision for new spouse
2. omission was intentional
3. will was made in contemplation of marriage

Final divorce revokes all gifts

Question 152

Revocation of Wills

What are the 4 ways a will can be revoked by physical act?

Answer 152

1. burning
2. tearing
3. canceling
4. obliterating a material portion of will w/ intent to revoke

Question 153

Revocation of Wills

If the will is destroyed ___ or ____, no revocation occurs

Answer 153

Accidentally

By Mistake

Question 154

T/F: A testator cannot direct someone else to destroy their will

Answer 154

False, but must be done at T’s request and in their presence

Question 155

Revocation of Wills

Most states allow ____ to prove whether a partial or total revocation was intended

Answer 155

extrinsic evidence

Question 156

Revocation of Wills

Revocation of a will revokes all ___

Answer 156

Codicils

But not the other way around

Question 157

All of part of a will may be revoked or altered by a subsequent instrument that:

Answer 157

Is executed with same formalities as a will

Question 158

Revocation of Wills

If a new will completley disposes of the prop, the old will is:

Answer 158

Completely revoked by inconsistency

Question 159

Revocation of Wills

If a new will partially disposes of the prop, the old will is:

Answer 159

Only revoked to the extent of the inconsistent provision

Question 160

Revocation of Wills

If a will is found ___, there is a presumption that the T did not revoke it

Answer 160

Normal location

if cant be found, rebuttable presump that T revoked it

Question 161

Revocation of Wills

If a will is lost or destroyed, it may be admitted to probate if the following can be proven:

Answer 161

1. valid execution
2. the cause of nonproduction
3. content of the will (usually proved by the testimony of 2 witnesses or by a copy)

Question 162

Revival

Under the UPC, if a will that wholly revokes a previous will is also revoked, which will remains revoked?

Answer 162

The previous will unless its evident that the T inteded to revive the previous will

Question 163

If an original will was only partly revoked, the revoked provisions are:

Answer 163

Revived, unless evidence from the circumstances that the T did not want to revive

Question 164

Under express conditional revocation, the testator may state that revocation is effective upon:

Answer 164

The happening or non-happening of named event

Question 165

The Doctrine of Depedent Relative Revocation cancels a previous revocation that was made _____

Answer 165

under a mistaken belief of law or fact

− Applies when testator would NOT have revoked the original will but for the mistaken belief that another will he prepared would be valid.

Question 166

T/F: Under the UPC, the harmless error rule also applies to revocations or alterations of a will

Answer 166

True

Question 167

Most states have statutes that protect the fam resident or farm from creditors by:

Answer 167

Exempting a certain amount of land

Question 168

The purpose of the family allowance is to:

Answer 168

provide support during probate administration

it is in additon to amount passing by will,intestacy,elective share

Question 169

Will Contests

All legatees under the will and intestate heirs are entitled to:

Answer 169

Notice

Question 170

Will Contests

Only ___ have standing to contest a will

Answer 170

interested parties

creditors, executors, and testamentary trustees are not interested parti

Question 171

Will Contests

Who has the BOP is proving the will is invalid?

Answer 171

The will contestant

Question 172

Will Contests

T/F: A will must fail in whole, not in part

Answer 172

False, the parts procured by undue influence, duress, fraud, mistake will be void and remainder given effect

Question 173

Will Contests

The grounds for will contest are:

6 Options: Do Really Love U, Dont Forget Me

Answer 173

1. defective execution
2. revocation
3. lack of testamentary capacity + intent
4. undue influence or duress
5. fraud
6. mistake

Question 174

Will Contests

Insane delusion only destroys testamentary capacity if:

Answer 174

there is a connection/nexus btwn insane delusion & prop distrubution

may invalidate entire will or particular gift

Question 175

Will Contests

To establish undue influence, contestant must establish:

3 Requirements

Answer 175

1. influence existed and was exerted
2. effect of the influence was to overpower the mind and free will of the testator
3. resulting disposition would not have been made but for influence (causation)

Free will of testator must be destroyed

Question 176

To determine UI, a ct will consider:

5 Factors, none dispostive

Answer 176

1. unnatural dispositions (cutting out fam)
2. opportunity of access to testator
3. confidential or fiduciary relationship btwn parties
4. ability of T to resist
5. Benef’s involvement with drafting/execution of will

Question 177

A presumption of undue influence arises when:

Answer 177

1. there was a confid. relationship btwn T and benef AND
2. the benf was active in procuring, drafting, or executing the will

once shown, BOP shifts to proponet

Question 178

If atty who drafted will is also a benef, many states will:

Answer 178

Void the gift to the atty unless closely related to T

Question 179

Diff btwn duress and undue influence

Answer 179

Duress is done through violent conduct such as threat of physical harm

Question 180

A successful content on grounds of fraud require that T was willfully decieved as to:

3 Req (CEF)

Answer 180

1. charac. or content of instrument
2. extrinsic facts that would induce the will or a particular disposition
3. facts material to the disposition

Question 181

To establish a will was created by fraud, the contestant must establish:

4 Requ

Answer 181

1. false rep made to T
2. knowledge of falsity by person who made the stment
3. T reasonably believed the statement
4. The stment caused the T to execute a will that the T would not have made but for the misrepresentation

Question 182

Fraud in the execution occurs where there is misrepresentation as to:

Answer 182

the iendity or contents of the instrument

shows lack of testamentary intent

Question 183

Fraud in the inducement occurs where there is misrepresentation as to:

Answer 183

an extrinsic fact and makes the will or gift based on that fact. Anything affected by the fraud must be set aside

Question 184

Mistake in the execution occurs where the T is in error with regard to:

Answer 184

the identiy or contents of the instruments

shows lack of testamentary intent

Question 185

Mistake in the inducement occurs where the T is in error with regard to:

Answer 185

an extrinsic fact and makes the will or gift based on that erroneous fact.

ct. will not grant relief is mistake was not fradulently induced

Question 186

Under the UPC, a ct will provide relief if a T is mistaken to the fact that:

Answer 186

their child was dead

Question 187

Reformation

Under the UPC, a court may reform a will even if the will is unambigious if:

Answer 187

it is proven that the testators intent and terms of will were affected by a mistake of fact or law

Question 188

Under the UPC, a no content clause is valid and enforceable unless:

PC

Answer 188

Benef has probable cause for brining the contest

Question 189

Probate

During will probabte, a ___ is appointed to carry out the estate administration

Answer 189

personal rep.

serves in a fiduciary capacity

Question 190

Probate

If the personal rEp is named in the will, they are called an:

Answer 190

Executor

Question 191

Probate

If the personal rep is not nAmed in the will, they are called an:

Answer 191

Administration

Question 192

Conflict of Laws/Probate

Primary probabte jx is in the state of:

Answer 192

the decedent’s domicile at time of death

ancillary jx may be whereever decedents assets are located

Question 193

Probate

T/F: Personal reps cannot receive compensation for their services

Answer 193

False

Question 194

Probate

Personal reps must give notice of administration to ____

Answer 194

Creditors of the estate

Question 195

Probate

What is the order that claims are paid in?

AFFDSJA.

A fraudster finally died so just accept

Answer 195

1. Administration expenses
2. Funeral expenses & expenses of last illness
3. family allowance
4. debts given preference under fed law
5. secured claims
6. judgments entered against D during lifetime
7. all other claim

Question 196

Living Will

A Durable Health-Care Power of Attorney gives a designated agent the power to make health care decisions in the event of the principal’s incapacity and must be:

Answer 196

(1) in a signed writing; AND (2)
witnessed or notarized.

Question 197

Living Will

An Advanced Directive (Living Will) specifies the patient’s preferences for treatment or non-treatment in the event of the patient’s incapacity and must be:

Answer 197

(1) in a signed writing; AND (2)
witnessed or notarized.

Question 198

Insulation of Agent’s Liability

A person is insulated from civil & criminal liability for health–care decisions made ___ under a Durable Health-Care Power of Attorney.

Answer 198

in good faith

Question 199

Family Consent Laws

An adult may designate an individual to act as a surrogate to make decisions by personally informing the supervising health care provider. When NO designation is made, these family member(s) may act as surrogate when a patient lacks capacity (in order of priority):

Answer 199

1) spouse (unless legally separated)
2) adult child
3) parent
4) adult sibling
5) if none of the above → an adult who has exhibited special care and concern, is familiar
with patient’s personal values, and is readily available.
*If there are multiple members in the same class, then a
majority must agree on a health-care decision.

Question 200

Ademption Rule 1

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 200

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 201

Ademption Rule 2

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 201

A replacement for the devised prop

Question 202

Ademption Rule 3

Some courts allow the beneficiary to take substitute property if they can show:

Answer 202

that the testator so intended.

Talk about all 3 rules/approach on exam

Question 203

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 203

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 204

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 204

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 205

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 205

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 206

If the will does not fully dispose of the prop, it will pass through:

Answer 206

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 207

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 207

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 208

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 208

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 209

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 209

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 210

If the will does not fully dispose of the prop, it will pass through:

Answer 210

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 211

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 211

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 212

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 212

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 213

Ademption

Under the UPC, a specific devisee has the right to real & personal prop that was acquired by the testator as:

Answer 213

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 214

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 214

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 216

If the will does not fully dispose of the prop, it will pass through:

Answer 216

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 217

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 217

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 218

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 218

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 219

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 219

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 220

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 220

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 221

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 221

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 222

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 222

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 223

If the will does not fully dispose of the prop, it will pass through:

Answer 223

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 224

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 224

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 226

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 226

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 227

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 227

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 228

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 228

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 229

If the will does not fully dispose of the prop, it will pass through:

Answer 229

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 230

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 230

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 231

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 231

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 232

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 232

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 233

If the will does not fully dispose of the prop, it will pass through:

Answer 233

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 234

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 234

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 235

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 235

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 236

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 236

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 237

If the will does not fully dispose of the prop, it will pass through:

Answer 237

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 238

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 238

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 239

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 239

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 240

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 240

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 241

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 241

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 242

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 242

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 243

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 243

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 244

If the will does not fully dispose of the prop, it will pass through:

Answer 244

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 245

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 245

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 246

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 246

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 247

If the will does not fully dispose of the prop, it will pass through:

Answer 247

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 248

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 248

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 249

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 249

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 250

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 250

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 251

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 251

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 252

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 252

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 253

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 253

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 254

If the will does not fully dispose of the prop, it will pass through:

Answer 254

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 255

If the will does not fully dispose of the prop, it will pass through:

Answer 255

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 256

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 256

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 257

Gifts of Stock

Under the UPC, a specific bequest of stock includes:

Answer 257

stock dividends acquired after execution of will

discuss UPC and CL rule on exam and give conclusion for both

Question 258

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 258

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 259

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 259

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 260

If the will does not fully dispose of the prop, it will pass through:

Answer 260

Intestacy

Under the intestacy statutes, the portion of the estate not passing to the SS passes to decedent’s childern and descendants of deceased children. REMEMBER THIS and SAY ON EXAM

Question 261

Ademption

Most cts apply the ___ of ademption which uses an objective test; the testator’s intent is irrelevant

Answer 261

Identity theory

Under this view, if the testator no longer owns the prop, the gift is adeemed

Question 262

Ademption

Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:

Answer 262

A replacement for the devised prop

Talk about both the identity theory and the UPC approach on exam

Question 263

Gifts of Stock

At common law, a specific bequest of stock includes:

Answer 263

any addtl shares after will execution produced by stock split, but not produced by stock dividend

Question 264

Under the UPC, a divorce revokes bequests to the former spouse and also to the ___

Answer 264

Relatives of former spouse

Some states allow relatives to take if the provision was not revoked and the T dies w/o revising the will

Question 265

If a testator is divorced after making a will, the gifts to the former spouse are ___ and the will takes effect as though the former spouse ___

Answer 265

Revoked

Predeceased the testator

Question 266

If divorce will revoke a gift, say that the gift is revoked by:

Answer 266

Operation of law and the residue will pass under the laws of intestacy

Question 267

Conservator exception to the ademption doctrine

Answer 267

If a conservator is appointed after the will is executed and prop is sold, the beneficiary is entitled to the sale proceeds if they havent been spent for testator’s care