wills: construction

Question 1

What are the two rules that bar extrinsic evidence to vary the terms of a will?

Answer 1

1. Plain Meaning/No Extrinsic Evidence Rule
2. No Reformation Rule

These rules protect testators and address the worst evidence problem.

Question 2

What does the Plain Meaning/No Extrinsic Evidence Rule state?

Answer 2

Extrinsic evidence can resolve some ambiguities, but the plain meaning of a word cannot be disturbed by evidence of the testator’s intended meaning.

Question 3

What does the No Reformation Rule imply?

Answer 3

Courts will not reform a will to correct a mistaken term to reflect what the testator intended to say.

Question 4

In Mahoney v. Grainger, what was the holding regarding extrinsic evidence?

Answer 4

extrinsict evidence may not be admitted to prove the meaning of the language unless the language is ambiguous and susceptible to different meanings.

in this case the EE was: Testimony as to a testator’s intention in using certain language in her will. (in will “heirs at law”) super common not ambigous

Question 5

What is a latent ambiguity?

Answer 5

An ambiguity that manifests when the terms of the will are applied to the facts.

Usually occurs when two people fully meet a term in a will or nobody fully meets but multiple people partially meet it.

Question 6

What is an example of equivocation in the context of wills?

Answer 6

When two or more people meet the description in the will.

Question 7

What is the significance of the case In re Estate of Cole regarding amgibuity patent/ latent?

Answer 7

It held that if an ambiguity persists after examining surrounding circumstances, extrinsic evidence may be resorted to.

(regardless of if it is a patent or a latent ambiguity)

Question 8

What does Falsa Demonstratio non Nocet allow?
(Arnheiter)

Answer 8

It allows the court to reject erroneous descriptive terms if other terms can serve as a description.

(they can ignore erroneous words if the rest of the words made sense)
case example: writing the wrong house number in a will

Question 9

What was the outcome in In re Gibbs’ Estate regarding mistaken identification?

Answer 9

Extrinsic evidence is permitted to show if there was a mistake if it seems to frustrate the testator’s intent. and if a mistake is shown to be cause, mistaken details will be disregarded

(wrote the wrong “robert Krause”)

specific to identification

Question 10

What does § 2-805 state regarding reformation of wills?

Answer 10

The court may reform terms of a governing instrument, even if unambiguious
if clear and convincing evidence shows a mistake of fact or law in expression or inducement

Question 11

What did Erickson v. Erickson establish about extrinsic evidence?

Answer 11

Extrinsic evidence of a scrivener mistake can be admissible and used to reform a will to meet testator intent.

Question 12

What was the court’s conclusion in In re Estate of Duke regarding reformation?

Answer 12

An unambiguous will may be reformed if clear and convincing evidence establishes a mistake in the testator’s expression of intent.

Question 13

What distinguishes between ambiguity and mistake in reformation cases? (restatement 3d)

Answer 13

Clear and convincing evidence is required to overturn an unambiguous document, while only a preponderance of evidence is needed for ambiguous documents.

Question 14

True or False: Courts in Massachusetts allow reformation for mistakes in outright devises based on case law.

Answer 14

False

Question 15

Fill in the blank: _______ allows the court to disregard less essential characteristics of a description if remaining characteristics match.

Answer 15

Falsa Demonstratio non Nocet

Question 16

patent ambiguity

Answer 16

Facial ambiguities. Traditionally, extrinsic evidence was not used here.

Question 17

personal use (Extrinsic evidence)

Answer 17

If a testator habitually used a term in an idiosyncratic manner, that evidence can be admissible to show personal use, not just ordinary meaning

Question 18

no exact fit

Answer 18

when a description for which no person or thing fits exactly but two or more persons or things fit partially

Can admit extrinsic evidences.

Question 19

What are specific bequests?

Answer 19

Specific bequests are distinct gifts made in a will that specify particular items or properties

I give my house to Bill, protrait of abe lincoln

Question 20

What is a general bequest?

Answer 20

• Intends to confer a benefit out of the general property of the estate

‘Give Bill 100K or
500 shares of stock (if stock is unowned)’

Question 21

Define demonstrative bequest.

Answer 21

Demonstrative bequests are a mix of specific and general, indicating a specific fund or source from which the gift will be paid.

‘100 shares of my Apple stock to Bill’

Question 22

What is a residuary bequest?

Answer 22

Residuary bequests cover all remaining assets not specifically bequeathed in a will.

‘Everything/all the rest to Bill’

Question 23

What happens if a devisee does not survive the testator? (no antilapase)

Answer 23

The devise fails and is said to have lapsed.

passed to residuary

Question 24

What are antilapse statutes?

Answer 24

if a state has adopted, instead of lapse to residuary, another beneficiary is substituted for a deceased beneficiary

Antilapse statutes prevent lapsing of gifts by allowing descendants of deceased beneficiaries to inherit.

Question 25

In the case of a lapsed, from either a specific or general devise, where does it fall?

Answer 25

The devise falls into residue ## Footnote This means that if a specific or general devise lapses, it will be distributed according to the residuary clause.

Question 26

What is the 'no residue of a residue' rule?

Answer 26

typically if the person in residue dies before decedent, and htere is another resiudiary taker the other risduary takes. In a state that has this rule, instead of the other residuary taking, the deceased residuary's hiers take instead ****Minority rule rejected by UPC ## Footnote This rule states that if part of a residuary bequest lapses, it passes by intestacy rather than to remaining residuary devisees.

Question 27

when a member of a class dies and there is a class gift?

Answer 27

If a member of a class predeceases the testator, the surviving members of the class divide the gift

Question 28

What constitutes a void devise?

Answer 28

If a devisee is already dead when the will is executed or is an ineligible taker ## Footnote A void devise cannot take effect and typically results in the property passing by intestacy.

Question 29

What was held in the case In re Estate of Russell regarding bequests to pets?

Answer 29

Bequests to pets, deceased, or other ineligible takers are void, passing to intestacy ## Footnote This case illustrates the principle that only eligible beneficiaries can receive a bequest.

Question 30

What is the typical provision of an antilapse statute?

Answer 30

If a predeceased devisee who is related to the testator and survived by descendants, dies, those descendants are substituted instead of lapse and it going to residuary ## Footnote This provision ensures that gifts do not lapse due to the death of a beneficiary.

Question 31

What is presumed intent in the context of antilapse statutes?

Answer 31

The testator would prefer a substitute gift to devisee's descendants instead of passing with lapse ## Footnote This ensures that the intent of the testator is honored even if a beneficiary predeceases them.

Question 32

What are words of survivorship?

Answer 32

Phrases indicating a condition of survival for a beneficiary ## Footnote Such phrases can affect the application of antilapse statutes.

Question 33

What did the court hold in Ruotolo v. Tietjen regarding words of survivorship?

Answer 33

Words of survivorship alone do not negate operation of the antilapse statute ## Footnote This case emphasized that mere survivorship language is insufficient to demonstrate intent contrary to antilapse provisions.

Question 34

What is the significance of UPC § 2-603(b)(3)?

Answer 34

It states that words of survivorship are not sufficient to indicate intent contrary to applying antilapse ## Footnote This provision clarifies how intent is interpreted regarding survivorship in wills.

Question 35

problem w death of beneficiary @ commonlaw

Answer 35

Under common law, a gift by will is contingent on the devisee surviving the testator unless specified otherwise.

Question 36

majority rule about words of suvivorship

Answer 36

Antilapse generally does not apply here because the person considered if a person does not survive them. The majority here is that this goes to intestacy.

Question 37

UPC words of surviorship & antilapse

Answer 37

however, the term “if he survives me” is not enough, without other evidence to impose a condition of survivorship, and the anti-lapse statute applies nonetheless. (in line with rutolo)

Question 38

Define a "class"

Answer 38

When a group-minded testator uses a common label “to A’s children”. A disposition is presumed to create a class gift if terms of the disposition identify beneficiaries only by a term of relationship/other group label

Question 39

Holding of Yucas

Answer 39

Bequests which name individuals instead of passing to a group of persons based on common characteristics are not class gifts.

Question 40

What is the Doctrine of Ademption by Extinction?

Answer 40

- When a will accounts for something to be disposed of but the testator sold it/ gave it away before death - Adeems= fails

Question 41

To which types of devises does the Doctrine of Ademption by Extinction apply?

Answer 41

It applies only to specific devises, not general, demonstrative, or residuary devises.

Question 42

Give an example of a specific devise.

Answer 42

A devise of 'my house on 12 Lark St.'

Question 43

What is the Identity Theory of Ademption?

Answer 43

If a specifically devised item is not in the estate, the gift is extinguished.

Question 44

What does the Intent Theory state regarding ademption?

Answer 44

If an item is not in the estate, the beneficiary can still get cash value or replacement if shown that is what the testator would have wanted.

Question 45

What was the outcome in the case In re Estate of Anton?

Answer 45

Modfied itentity rule the identity rule will not be applied to cases where specifically devised property is removed from the estate **through an act that is involuntary as to the testator.** This includes cases where the property is sold by a guardian, or conservator, or is destroyed contemporaneously with the death of the testator.

Question 46

What reasoning did the court provide in In re Estate of Anton regarding ademption?

Answer 46

The court moved away from identity theory to modified intention theory, focusing on actual knowledge of the testator. (if testator knows= ademption) (if testator doesnt know = does NOT adeem)

Question 47

What are exceptions to the identity theory in states that follow it?

Answer 47

* Destruction of property: devisee gets unpaid casualty amount * Some devises are deemed general (e.g., stock shares) to avoid ademption * Classify Inter Vivos Disposition as a change in form, not substance

Question 48

What is the Intent Theory under UPC § 2-606?

Answer 48

broad "non ademption" has a long list of situations where specific devises do not adeem. UPC provides additional exceptions for replacement property (§ 2-606(a)(5)), and for the pecuniary value of property disposed of during the testator’s lifetime if the devisee can show that the testator did not intend ademption

Question 49

What is the traditional approach to stock splits in regards to bequests?

Answer 49

Ask if the bequest was specific or general; - if specific, give exactly the shares specified. - If general, give exactly the number of shares ## Footnote problem: misconceives of how stocks split (number of stocks change while value is the same).

Question 50

What is the modern approach to stock splits according to most courts?

Answer 50

Grant additional shares as a result of a stock split.

Question 51

What is the Doctrine of Satisfaction?

Answer 51

If the testator is a parent of the beneficiary, there is a presumption he intended to satisfy a general pecuniary bequest. similar to advancment, Assume NOT intending as a satisification unless you specifically say it in writing

Question 52

What is the definition of Exoneration of Liens?

Answer 52

If a will makes a specific disposition of property subject to a mortgage, it is presumed that the debt should be paid out of the residuary estate.

Question 53

What is the order of abatement if an estate lacks assets to pay all debts?

Answer 53

* Residuary devises are reduced first * General devises are reduced second * Specific and demonstrative devises are reduced last and pro rata