Wills Flashcards
1
Q
Disposition of a life insurance policy are governed by:
A
The terms of the life insurance K
2
Q
Totten Trust
A
a deposit of money in “trust” for another person
3
Q
In a totten trust, the ___ retains complete control over the account during ____ and the transfer is complete upon ____
A
Depositor
Their Lifetime
Their death
4
Q
T/F
A totten trust is a type of trust
A
False, its an account
5
Q
Under the UPC, creditors can reach the money in a joint account to the extent that:
A
the decedent deposited money in the account, if the other estate assets are insufficient to satisfy creditor claims
6
Q
Property may pass by intestate succession when:
2 situations
A
- A decedent dies w/o a will or their will is denied probabte
- A decedent’s will does not dispose of all property
7
Q
Maritial rights (do/do not) change as the couple moves from 1 state to another
A
Do not
8
Q
Which state intestacy law applies for personal prop?
A
Law of decedent’s domicile at death
9
Q
Which state intestacy law applies for real prop?
A
Law of the situs of the property
10
Q
In most states, if the decedent leaves descendants and a SS, the SS will take:
A
1/3 or 1/2 of the estate
11
Q
Under the UPC, if the decedent leaves descendants and a SS, the SS will take:
A
the entire estate, if the SS and decedent all share same kids and SS has no other surviving kids
12
Q
In most states if the decedent has a SS but no kids, the SS takes:
A
the entire estate
13
Q
Under the UPC, if the decedent has a SS but no kids, the SS takes:
(UParentsC)
A
the entire estate unless the decedents parents are alive
14
Q
If all of the decedents kids survive him, each child receives:
A
an equal share
15
Q
A descendant from a younger generation cannot take if:
A
the older generation is still alive
grandchild (younger) their parent (older)
16
Q
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)
A
- Classic/Strict Per Stirpes (minority)
- Per capita w/ representation (majority, use on bar)
- Per capita at each generation (UPC)
17
Q
Under the ____ distribution scheme, shares are divided at the child generation even if no child survives the intestate/decedent
(NO, you’re grounded)
A
Classic/Strict Per Stirpe
18
Q
Under a classic per stripes distribution, how would property be distributed?
A
A & B = 1/4 or 25%
C = 1/2 or 50%
C takes D’s share completey bc no sibling to split with
19
Q
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)
A
Per capita w/ representation
20
Q
Under a per capita w/ representation distribution scheme, how would property be distributed?
A
A, B, C = 1/3
21
Q
Which distribution scheme does the UPC follow?
A
Per capita at each generation
22
Q
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
A
Per capita at each generation
23
Q
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)
A
Per capita at each generation
24
Q
Under a per capita at each generation, how is property distributed?
A
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)
25
If the decedent is not survived by kids or SS, property passes to
parents or collaterals ( siblings, aunt, uncles, etc)
26
T/F: Adopted children are treated the same as biological children
True. No inheritance in either direction between adopted children and their biological children
27
T/F: If a step-child dies, the step-parent can inherit from them
False
28
Step-children and foster children have no inheritance rights unless:
adopted by the step/foster parent
29
The doctrine of adoption by estoppel permits a child to inherit from/through a step/foster parent if:
legal custody is gained under an unfulfilled agreement to adopt them
30
A non-marital child always inherits from their:
Mother
31
A non-martial child will inherit from their father if:
| 3 Requirements (M.A.C&C)
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
32
If a person is in gestation at the time of the intestate's death, most states will allow them to be:
An heir
33
Some states will allow a child of the intestate who was not in gestation to inherit if:
they are botin within a statutorily stated period of time
34
Under the UPC, a testator may disinherit someone and exclude their right to succeed to property passing by:
intestate succession
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
Advancement
36
Under the UPC, a lifetime gift is not an advancement unless:
| 2 Requirements (D&A)
1) donor declares it in a contemporaenous writing
2) Heir acknowledges it in a writing
37
If an advancement is given, the value of the gift is added back into the estate, and then ___ from the recipients share
Subtracted
38
Under the UPC, an advancement is not binding on the advancee's successor unless:
the required writing states it is
39
120 hours is how many days?
5 days
40
Under the USDA, if the order of death cannot be established, property passes as if:
Each decedent survived the other
41
Under the USDA, in the case of JTROS, how does the prop pass?
1/2 the prop passes through the estate of each party
42
The USDA applies only if:
the order of survival cannot be determined. if there is evidence, even if only by minutes, the USDA does not apply
43
Under the UPC, a person must survive the decedent by ___ to take porperty
120 hours
44
The USDA and the UPC rules will not apply when two decedents die at the same time if:
The decedents will makes a provision regarding survival
45
Whenever you see an exam question about people dying at or about the same time, you should discuss:
USDA and the UPC 120-hour rule
46
Under the USDA, property passes from the first decedent to the second and then to:
the second decedent's estate to their heirs or devisees
47
T/F: an heir or beneficiary cannot disclaim their interest
False
48
Why woud someone want to disclaim their interest in property?
Burdensome, taxes, avoid creditors
49
In most states, a disclaimer must be:
| 4 Requirements: W,S,AB,FWW
1. written
2. signed by the disclaimaint
3. acknowledged before a notary
4. filed w/ appropiate ct w/n 9 months of death
50
For fed. tax purposes, a surviving JT may disclaim their interest only within:
9 months from the other JT's death
51
For fed. tax purposes, the holder of a future interest may disclaim their interest only within:
9 months after the interest was created
52
T/F: A disclaimer can only be made by the beneficiary
False, can be made by a guardian on behalf of infant or incompetent or personal rep
53
An interest cannot be disclaimed if:
the heir or beneficiary has accepted the property or any of its benefits
54
How does disclaimed prop pass?
As if the disclaimant predeceased the decedent
55
The disclaimer of a life estate accerlerates:
the remainder
56
Under slayer statutues, the property passes as if:
the kiiller predeceased the victim
## Footnote
if no conviction, killing must be proved by a preponderance of the evidence before applying forfeiture rule
57
The only way to avoid intestacy is to:
Leave a valid will
58
A will is revocable during ___ and operational upon ___
the testators life
the testators death
59
A ___ is a supplement to a will that modifies it
Codicil
60
Which law governs the validity and effect of a will w/ respect to real property?
The law of the state where the prop is located
61
Which law governs the validity and effect of a will w/ respect to personal property?
The law of the state where the testator was domiciled at time of death
62
To satisfy legal capacity, the testator must:
be at least 18 years old and of sound mind
| some states allow under 18 if married or in military
63
Testamentary capacity requires that the testator have the capacity to understand:
| 4 Requirements (Naturex2, P, + F)
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
64
The testator's capacity is determined at the time of:
will execution
| shortly before & shortly after counts too
65
T/F: A mentally challenged invididual can never make a valid will
False, just has to meet 4 requirements
66
A person adjudicated incompetent may be able to execute a will during:
a lucid interval
67
The testator must have ___ that the instrument operates as a will
Present intent
| promises to make a will in the future are not effective
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)
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
69
To execute a valid will, most states require formalities such as:
| 5 Requirments
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
70
Under the UPC, a will is valid if it meets the other req. and it is :
1. attested by two competent witnesses
or
2. signed by a notary
71
T/F: A testator's signature must clearly resemble their name
False, it may be initials, nicknames, illegible sigs, rubber statmps, X, etc
72
A ___ is a signature made by another at the testator's:
proxy signature
direction + in their presence
73
T/F: Under the UPC, a will is valid if it is sgined anywhere on the instrument
True
## Footnote
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
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
Competency
75
T/F: Witnesses must know the contents of the will
False
76
T/F:Under the UPC, gifts to interested witnesses are not purged
True
77
A purging statute requires that a gift to an interested witness may be:
Void
78
Under the "conscious presence test", the presence requirement is satisfied if:
| 2 Requirements
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
79
T/F: Participating via telephone or compute will satisfy the presence requirement
False, unless the state has e-will legislation
80
Probate can be made faster and cheaper if the testor includes a:
Self-proving affidavit
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 ____
Performed
Notary
82
An ___ recites the elements of due execution and is prima facie evidence of those elements
Attestation Clause
| Not required but useful
83
Under the UPC, ___ substitutes the attestation of witnesses
notarization
84
T/F: Under the UPC, the court never has the authority to ignore harmless errors
False
85
A defectively executed will can be given effect if the will proponent :
established by C&C evidence that the testator intended the doc to be their will
86
A holographic will is one that:
Is entirely in the testator's handwriting and has no attesting witnesses
87
Under the UPC, a holographic will is valid if the portion in the testator's handwritting is not:
Material
88
In contrast to a holographic will, ____ made after execution of an attested will are not given effect
interlineations
| changing benifs, amounts,etc. May be a revocation
89
# Attorney's Liability for Negligence
An attorneys duty runs to the client and:
their intended beneficiares of the attorney's services
90
Inteded beneficiates may sue an atty for:
1. negligence
2. as a TPB of the atty-client K
| can sue for negligent preparation or execution of a will
91
The SOL for a negligent prepartion/execution claim begins:
(DDD)
date of decedent's death
| NOT on the date the will was executed
92
A ___ is a gift of real property
Devise
The recipient is a devisee
93
A ___ is a gift of personal property
(be who you are as a person)
Bequest
94
A ____ is a gift of personal property in a will
Legacy
The recipient is called a legatee
95
A ___ devise or legacy is a gift of particular item of property, distinct from everything else is testator's estate
Specific
| "I leave my sony computer, Model 667TYZ8 to Delany Davis"
96
A specific bequest of ____ is not distinguishable until the testator dies
general nature
| "I leave my compute to Delany Davis:
97
A ___ is a gift of general economic benefit payable out of the general assets of the estate w/o requiring a particular ____
General legacy
Source of Payment
| "I leave $10k to Delany Davis"
98
A ___ is a gift of general amount that is to be paid from a particular source
Demonstrative legacy
99
If the fund for a demonstrative gift is insufficient, the balance will be paid from:
Other assets of the estate
100
The residuary estate consists of the balance of testator's property after paying:
1. debts, expenses, taxes
2. specific, general, and demonstrative gifts
101
Ademption is the failure of a gift that occurs when:
The prop is no longer in the estate at time of death
| applies only to specific devises and bequests
102
Ademption by satisfaction occurs where there is an ___ transfer from the testator to the benif after execution of the will
Inter-vivos
## Footnote
Only effective if the testator intends for the transfer to have that effect
103
Under the UPC, ademption by satisfaction does not apply unless the testator provides for satisfaction in:
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
104
# Increases Occuring Before Testator's Death
Income on property goes to the ____
General Estate
105
# Increases Occuring Before Testator's Death
Improvements to real property go to the ___
specific devisee
106
# Increases Occuring After Testator's Death
Any increase to specific gifts occuring after testator's death passes to the ____
specific benef
107
Under the UPC, a benef will take an increase in ___ caused by a merger or corp. reorg
securities
108
T/F: A benef takes new securites that have been purchased or acquired by reinvestment of dividends
False
109
Under the UPC, liens on specifically devised prop are not exonerated unless
the will intends
| so, benef takes prop subject to debt
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
Abatement
111
Testamentary gifts abate in the following order absent an order in the will:
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
112
A gift lapses if:
1. the benef predeceases the testator
2. the benef disclaims
3. the benef did not survive long enough (120 rule)
113
T/F: Under the UPC, mere words of survivoship are not sufficient to negate application of the anti-lapse statute
True
114
If a will makes a gift to a class, only the class members that ___ the testator will take a share of the gift
Survive
| unless will provides otherwise
115
If a will makes a gift to a benef who is dead at the time the will was executed, the will is ___
void
116
# Will Construction
Leaving a will indicates that the testator did not want to:
Die intestate
117
# Will Construction
Between two or more contradictory provisions in a will, which prevails
The last one
118
# Will Construction
The will is construed as:
A whole
119
# Will Construction
Words in a will are given their ___ and ___ meaning unless testator intended otherwise
Ordinary and grammatical
120
Technical words are given their _____ meaning
Technical
121
A ___ ambiguity exists if a provision is ambiogus on its face and fails to convey a sensible meaning
patent
| Patents for makeup that goes on your face
122
Under the tradional view, extrinsic evidence (is/is not) admissible to correct a patent ambiguity
Is not
123
Under the modern view, extrinsic evidence (is/is not) admissible to correct a patent ambiguity
Is, but cant be used to fill in blank spaces or supply omitted gifts
124
A ___ ambiguity exists when the language of the will is clear on its face, but cannot be carried out w/o further clarification
Latent
| Ct will consider extrinsic evidence to resolve ambiguity
125
Extrinsic evidence cannot be used to disturb the ___ of a will
Clear meaning
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
Cannot
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
Can
128
A doc can be incorporated by reference if:
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
129
At common law, a will must be wittnessed by:
2 disinterested witnessess
130
Most states allow an interested witness if:
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
131
If a codicil ___ a will, the will is deemed executed on the same date as the codicil
republishes
| cannot republish an invalid will, but can cure interested witness issue
132
# Incorp. by reference
Under the UPC, a bequesst of tangible personal prop (other than $$$) will be incorp. if:
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
133
Acts of independent significant are act or events w/ significane ___ of the will making process
Outside
| can be used to fill in any gaps of a will
134
A conditional will is a will that provides it is to be operative only if ____
a certain event does or does not occur
135
T/F: Parol evidence is admissible to show that a will on its face was meant to be conditional
False
136
Any addition alteration, interlineation or deletion made after the will has been signed and attested is ____
ineffective to change the will
| unless the will is reexecuted w/ proper formalities
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
inter vivos trust
| if trust is revoked,, gift lapses/fails
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?
No
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___
Probabe
## Footnote
physical attachment, orderly disposition, etc raise a presumption that pages were present and intended to be part of will when executed
140
____ wills are separate wills executed by 2 or more testators that contain substantially similar provisions
Reciprocal/Mutual
| "sweetheart" wills
141
A __ will is a will executed or not revoked as the ___ for a K
Contractual
Consideration
| K law, not Wills law governs
142
143
A contractual will may be revoked by:
Agreement btwn the parties while both alive. Irrevocable at death
144
If the testator repudiates a contractual will after substantial performance, the promisee may seek:
| 3 option
1. damages
2. quantam meruit
3. equitable relief
## Footnote
if testator dies in breach, ct will grant a constructive trust for benefit of the promisee
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
Power of appointment
146
Diff. btwn general and special power of appointment
Gen = power exercisable in favor of anyone, including themselves
Special = power exercisable in favor of a limited class of appointees, not including themselves
147
What happens when a donee does not exercise their gen. power of appt?
Donee's creditors cannot reach the prop.
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
Can
149
# Revocation of Wills
A person w/ testamentary capacity can revoke their will:
At any time prior to death
150
# Revocation of Wills
What are the 3 ways a will can be revoked?
1. operation of law
2. subsequent instrument
3. physical act
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.
1. will makes provision for new spouse
2. omission was intentional
3. will was made in contemplation of marriage
| Final divorce revokes all gifts
152
# Revocation of Wills
What are the 4 ways a will can be revoked by physical act?
1. burning
2. tearing
3. canceling
4. obliterating a material portion of will w/ intent to revoke
153
# Revocation of Wills
If the will is destroyed ___ or ____, no revocation occurs
Accidentally
By Mistake
154
T/F: A testator cannot direct someone else to destroy their will
False, but must be done at T's request and in their presence
155
# Revocation of Wills
Most states allow ____ to prove whether a partial or total revocation was intended
extrinsic evidence
156
# Revocation of Wills
Revocation of a will revokes all ___
Codicils
| But not the other way around
157
All of part of a will may be revoked or altered by a subsequent instrument that:
Is executed with same formalities as a will
158
# Revocation of Wills
If a new will completley disposes of the prop, the old will is:
Completely revoked by inconsistency
159
# Revocation of Wills
If a new will partially disposes of the prop, the old will is:
Only revoked to the extent of the inconsistent provision
160
# Revocation of Wills
If a will is found ___, there is a presumption that the T did not revoke it
Normal location
| if cant be found, rebuttable presump that T revoked it
161
# Revocation of Wills
If a will is lost or destroyed, it may be admitted to probate if the following can be proven:
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)
162
# Revival
Under the UPC, if a will that wholly revokes a previous will is also revoked, which will remains revoked?
The previous will unless its evident that the T inteded to revive the previous will
163
If an original will was only partly revoked, the revoked provisions are:
Revived, unless evidence from the circumstances that the T did not want to revive
164
Under express conditional revocation, the testator may state that revocation is effective upon:
The happening or non-happening of named event
165
The Doctrine of Depedent Relative Revocation cancels a previous revocation that was made _____
under a mistaken belief of law or fact
## Footnote
− Applies when testator would NOT have revoked the original will but for the mistaken belief that another will he prepared would be valid.
166
T/F: Under the UPC, the harmless error rule also applies to revocations or alterations of a will
True
167
Most states have statutes that protect the fam resident or farm from creditors by:
Exempting a certain amount of land
168
The purpose of the family allowance is to:
provide support during probate administration
| it is in additon to amount passing by will,intestacy,elective share
169
# Will Contests
All legatees under the will and intestate heirs are entitled to:
Notice
170
# Will Contests
Only ___ have standing to contest a will
interested parties
| creditors, executors, and testamentary trustees are not interested parti
171
# Will Contests
Who has the BOP is proving the will is invalid?
The will contestant
172
# Will Contests
T/F: A will must fail in whole, not in part
False, the parts procured by undue influence, duress, fraud, mistake will be void and remainder given effect
173
# Will Contests
The grounds for will contest are:
| 6 Options: Do Really Love U, Dont Forget Me
1. defective execution
2. revocation
3. lack of testamentary capacity + intent
4. undue influence or duress
5. fraud
6. mistake
174
# Will Contests
Insane delusion only destroys testamentary capacity if:
there is a connection/nexus btwn insane delusion & prop distrubution
| may invalidate entire will or particular gift
175
# Will Contests
To establish undue influence, contestant must establish:
| 3 Requirements
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
176
To determine UI, a ct will consider:
| 5 Factors, none dispostive
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
177
A presumption of undue influence arises when:
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
178
If atty who drafted will is also a benef, many states will:
Void the gift to the atty unless closely related to T
179
Diff btwn duress and undue influence
Duress is done through violent conduct such as threat of physical harm
180
A successful content on grounds of fraud require that T was willfully decieved as to:
| 3 Req (CEF)
1. charac. or content of instrument
2. extrinsic facts that would induce the will or a particular disposition
3. facts material to the disposition
181
To establish a will was created by fraud, the contestant must establish:
| 4 Requ
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
182
Fraud in the execution occurs where there is misrepresentation as to:
the iendity or contents of the instrument
| shows lack of testamentary intent
183
Fraud in the inducement occurs where there is misrepresentation as to:
an extrinsic fact and makes the will or gift based on that fact. Anything affected by the fraud must be set aside
184
Mistake in the execution occurs where the T is in error with regard to:
the identiy or contents of the instruments
| shows lack of testamentary intent
185
Mistake in the inducement occurs where the T is in error with regard to:
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
186
Under the UPC, a ct will provide relief if a T is mistaken to the fact that:
their child was dead
187
# Reformation
Under the UPC, a court may reform a will even if the will is unambigious if:
it is proven that the testators intent and terms of will were affected by a mistake of fact or law
188
Under the UPC, a no content clause is valid and enforceable unless:
| PC
Benef has probable cause for brining the contest
189
# Probate
During will probabte, a ___ is appointed to carry out the estate administration
personal rep.
| serves in a fiduciary capacity
190
# Probate
If the personal rEp is named in the will, they are called an:
Executor
191
# Probate
If the personal rep is not nAmed in the will, they are called an:
Administration
192
# Conflict of Laws/Probate
Primary probabte jx is in the state of:
the decedent's domicile at time of death
| ancillary jx may be whereever decedents assets are located
193
# Probate
T/F: Personal reps cannot receive compensation for their services
False
194
# Probate
Personal reps must give notice of administration to ____
Creditors of the estate
195
# Probate
What is the order that claims are paid in?
| AFFDSJA.
## Footnote
A fraudster finally died so just accept
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
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:
(1) in a signed writing; AND (2)
witnessed or notarized.
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:
(1) in a signed writing; AND (2)
witnessed or notarized.
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.
in good faith
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):
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.
200
# Ademption Rule 1
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
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:
A replacement for the devised prop
202
# Ademption Rule 3
Some courts allow the beneficiary to take substitute property if they can show:
that the testator so intended.
| Talk about all 3 rules/approach on exam
203
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
204
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
205
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
206
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
207
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
208
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
209
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
210
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
211
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
212
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
213
# Ademption
Under the UPC, a specific devisee has the right to real & personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
214
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
215
216
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
217
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
218
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
219
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
220
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
221
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
222
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
223
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
224
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
225
226
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
227
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
228
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
229
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
230
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
231
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
232
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
233
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
234
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
235
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
236
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
237
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
238
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
239
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
240
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
241
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
242
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
243
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
244
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
245
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
246
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
247
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
248
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
249
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
250
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
251
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
252
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
253
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
254
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
255
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
256
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
257
# Gifts of Stock
Under the UPC, a specific bequest of stock includes:
stock dividends acquired after execution of will
| discuss UPC and CL rule on exam and give conclusion for both
258
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
259
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
260
If the will does not fully dispose of the prop, it will pass through:
Intestacy
## Footnote
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
261
# Ademption
Most cts apply the ___ of ademption which uses an objective test; the testator's intent is irrelevant
Identity theory
## Footnote
Under this view, if the testator no longer owns the prop, the gift is adeemed
262
# Ademption
Under the UPC, a specific devisee has the right to real & tangible personal prop that was acquired by the testator as:
A replacement for the devised prop
| Talk about both the identity theory and the UPC approach on exam
263
# Gifts of Stock
At common law, a specific bequest of stock includes:
any addtl shares after will execution produced by stock split, but not produced by stock dividend
264
Under the UPC, a divorce revokes bequests to the former spouse and also to the ___
Relatives of former spouse
## Footnote
Some states allow relatives to take if the provision was not revoked and the T dies w/o revising the will
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 ___
Revoked
Predeceased the testator
266
If divorce will revoke a gift, say that the gift is revoked by:
Operation of law and the residue will pass under the laws of intestacy
267
Conservator exception to the ademption doctrine
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
