Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

My MEE Topics > Wills > Flashcards

Wills Flashcards

1
Q

Will Requirements

A

Legal Capacity
Testamentary Capacity
Testamentary Intent
Formalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Will Formalities

A

Writing
Signed by Testator
Witnessed by 2 Credible Witnesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Legal Capacity

A

Testator must be 18 years old and of sound mind at time of creation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Testamentary Capacity

A

Testator must have capacity to understand:
- Nature of the act (creating a will)
- Nature and extent of their property
- Persons who are”natural objects of their bounty” (family and friends)
- Ability to formulate an orderly scheme of disposition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Testamentary Intent

A

Testator must have present intent that the instrument operate as a will

Look to see if: T intended to dispose of property, intended the disposition to occur at death, and intended that the instrument in question accomplish the disposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Writing Requirement

A

Typed or Handwritten

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Signed Requirement

A

Any mark made w the intent to authenticate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Witness Requirement

A

2 Credible
In the presence of the T
Signed by the Witness

Generally must be disinterested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Interested Witnesses

A

A witness who is also a beneficiary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rule for Interested Witness

A

Will still valid but bequest is void
UNLESS the witness/beneficiary would have take as a share under intestacy laws

under UPC gifts not purged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Compliance

A

MD - Strict Compliance
UPC - Allows for substantial compliance
(If will fails under strict compliance look to see if proponent provides CLEAR and CONVINCING evidence that decedent intended instrument to be a will)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Formalities that are not Required

A

Attestation Clause
Self-Proving Affidavit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Attestation Clause

A

Recites the elements of due execution is PRIMA FACIE evidence of the formalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Self-Proving Affidavit

A

Second set of signatures in the presence of a notary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Holographic Wills

A

HANDWRITTEN not in the presence of witnesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Rule for Holo Wills

A

MD: Only good for one year and be in military
UPC: Recognized and post facto changes are good too

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Oral Wills

A

Not recognized

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Dispositive Provisions of the Will

A

Specific Bequests
Demonstrative Bequests
General Bequests
Residual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Specific Bequests

A

Particular item
Can be specific or general in nature
“MY 2021 Dodge Charger” or “My car”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Demonstrative Bequests

A

Cash Bequest funded from a particular asset
“$5,000 from the sale of my car”

Ademption does not apply, bequest will be funded by the sale of other assets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

General Bequests

A

Always cash, can be funded whether or not cash exists in the estate
“$5,000 to A”

Ademption does not apply, bequest will be funded by the sale of other assets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Residuary

A

Balance and all amounts not yet disposed of at execution.
“And the residual to B”

23
Q

Ademption

A

When an item of a specific bequest is no longer property of the estate.
Gift fails

24
Q

Abatement

A

Occurs when there is not enough property to fund the estate plan.

25
Order of abatement
1. Specific 2. Demonstrative 3. General 4. Residual
26
Lapse
When you draft a will and leave property to a beneficiary who is alive, but ends up predeceasing the Testator who did not update the will
27
Anti-Lapse Statute
MD: Pushes through the estate - if there is a will follow the terms - if not it passes to beneficiary's heirs UPC: Two step test 1. Blood Relationship between predeceased beneficiary and Testator; if related then 2. Look for descendants, if so they take via substitution *IF NOT RETURNS TO RESIDUAL*
28
Ambiguities
Patent Latent
29
Patent Ambiguity
Exists if the provision is ambiguous on its face "I leave gafag to A" Extrinsic Evidence ADMISSIBLE *Not in MD*
30
Latent Ambiguity
Exists when the language of the will is clear on its face, but cannot be carried out without clarification "To my step-brother, Kevin" Extrinsic Evidence ADMISSIBLE
31
Facts of Independent Significance
Events that change the outcome of the will, but happen for their own independent signifigance "The contents of my trunk" > At the time of creation there was a million dollars, at distribution just my shoe collection.
32
Integration
Person probating must show that: - Pages present at time of execution are those present at distribution. - Page numbers, stapling, initials at the bottom - Presumed included but can be rebutted
33
Incorporation by Reference (IBR)
- Intent (Terms and actions in the will) - Existence (Document existed at time of execution, look for dates) - Identification by reasonable certainty
34
Applicable Law
Real Property - Where its located Personal Property - T's domicile at death
35
Devise/Devisee
Gift of real property/ Beneficiary of real property
36
Legacy/Legatee
Gift of personal property/beneficiary of personal property
37
Class Gifts
Only class members who survive the testator collect share
38
Codicil
Modifies a previously executed will and must be executed with SAME formalities
39
Doctrine of Republication by Codicil
Will and codicil are treated as one instrument from the date of the last codicil's execution
40
Pour-Over Gift
A provision in a will making a gift to an intervivos trust.
41
Joint Wills
Discouraged Single instrument executed by two or more testators and intended to be the will of each
42
Reciprocal or Mutual Wills
Separate wills executed by two or more T's that contain substantially similar provisions
43
Contractual Will
"T agress to leave entire estate to M if M takes care of T in T's old age."
44
Revocation of Wills
May be done anytime before death. 3 types: Operation of Law Subsequent Instrument Physical Act
45
Revocation (Physical Act)
Intent + Act Ripping up the will
46
Revocation (Operation of Law)
- Divorce - Marriage After the Will (Omitted Spouse takes intestate share unless will makes a provision for new spouse, omission was intentional, or made w contemplation of marriage.)
47
Revocation (Subsequent Instrument)
Express - "I hereby revoke my prior Will and Codicil. Implied - 2 documents are so inconcsisten that they cannot be read together (New one controls)
48
Ademption Exceptions
Replacement Property Balance of Purchase Price Proceeds of Condemnation Award or Insurance Proceeds from sale by Guardian or Conservator
49
Ademption by Satisfaction
Gift may be satisfied in part or in whole by an intervivos transfer of the gift to beneficiary. *Kind of like an advancement but for Will v Intestacy*
50
Ademption Exception: Replacement Property
Some states allow the beneficiary to receive replacement property if the T replaced the gifted item with a similar item. Ex. 2020 Charger > 2024 Charger
51
Ademption Exception: Balance of Purchase Price
If T sold the gifted item and the purchaser still owes money to T, some states allow Beneficiary to receive the balance remaining
52
Ademption Exception: Proceeds of Condemnation or Insurance Award
Some states allow the beneficiary to receive a condemnation award paid after the T's death or casualty unsurance proceeds for the loss of property if they are paid after the T's death
53
Ademption Exception: Sale by Guardian or Conservator
If the T became incompetent and the specifically devised property was sold by a guardian or conservator, the beneficiary may be entitled to a general pecuniary legacy equal to the amount of the proceeds

My MEE Topics (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions