Wills - Video 5

Question 1

A will that does not comply with subsection (a) is valid as a ______________ _________, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.

Answer 1

Holographic Will

Question 2

A will that does not comply with subsection (a) is valid as a holographic will whether or not:

Answer 2

witnessed, if the signature and material portions of the document are in the testator’s handwriting.

Question 3

Hand Written Wills.

Answer 3

Holographic Wills

Question 4

You have to be careful because often people have not sought the advice of counsel when drafting a will and not every state is interested in accepting them.
This refers to what?

Answer 4

Holographic Wills

Question 5

Occurs when there are intervening occurrences which render the will less well adapted to the Testator’s circumstances after a lapse of time occurs between the execution of the will and the Testator’s death.

Answer 5

Testamentary Obsolescence

Question 6

True or False. Wills must be signed with the decedent’s full legal name.

Answer 6

False. Different things short of someone’s full legal name will be accepted as signature.

Question 7

Uniform Probate Code (UPC) has a presumption against __________________.

Answer 7

Advancement

Question 8

Lifetime gift is an ______________ only if:
1. Donee acknowledges gift as such; or
2. Donor indicates in contemporaneous writing

Answer 8

Advancement

Question 9

Lifetime gift is an advancement only if:
1.
2.

Answer 9

1. Donee acknowledges gift as such;
2. Donor indicates in contemporaneous writing

Question 10

An________________ would be a situation where the testator or decedent has made a lifetime gift to someone and so in advancement context that lifetime gift would be deducted against what they get in the _______.

Answer 10

Advancement
Will

Question 11

Traditional,y courts have presumed that gifts of money from parents to children, after a will’s execution, are in _______________ of any legacies under the will.

Answer 11

Satisfaction

Question 12

_______________ is the doctrine surrounding gifts of property no longer in an estate.

Answer 12

Ademption

Question 13

Ademption:

Answer 13

The doctrine surrounding gifts of property no longer in an estate.

Question 14

______________ is sometimes called Ademption by satisfaction.

Answer 14

Satisfaction

Question 15

Satisfaction is sometimes called _______________________________.

Answer 15

Ademption by satisfaction

Question 16

_______________ is the abrogation of a bequest by an inter vivos gift made by the testator to the legatee.

Answer 16

Satisfaction

Question 17

Now, the presumption is ___________ satisfaction under the UPC.

Answer 17

Against

Question 18

Satisfaction
UPC says: Intent can take one of three forms:
1.
2.
3.

Answer 18

1. Statement in the will itself
2. Writing by donor contemporaneous to the gift, or
3. Written statement by donee/ devisee acknowledging satisfaction of devise.

Question 19

The UPC is saying that if the donor or gift giver wants the gift to be in _____________ of a bequest in the will they need to acknowledge that in writing or the will needs to acknowledge that any gifts made subsequent to its creation would be in satisfaction.

Answer 19

Satisfaction

Question 20

___________ are to __________ ____________ what the law of ____________ is for ___________ in a will or ________ in a will. The UPC has a presumption against advancements as well as satisfaction.

Answer 20

Advancements
Intestate succession
Statisfaction
Bequests
Devises

Question 21

Example: My mom drafted a will in 2000 and last year for Christmas she wrote me a check. The question would be: Does that check that she gave me for a Christmas present deduct from what I would get under her will?

Answer 21

The UPC says NO.

Question 22

Example: My mom drafted a will in 2000 and last year for Christmas she wrote me a check. The question would be: Does that check that she gave me for a Christmas present deduct from what I would get under her will? The UPC says no. The only way that the check she wrote me for a Christmas present would deduct from what I would get under the will would be if the will said something like that, or my mom had written a statement contemporaneous with my Christmas check or if I had written a statement acknowledging that the Christmas check was in satisfaction of something I was supposed to have gotten under the will. True of False

Answer 22

True

Question 23

General Rule of Ademption by Extinction - generally, a specific gift is a deemed (fails) if the testator does not own the specifically devised property at earth. This refers to what?

Answer 23

Non-Ademption

Question 24

Non Ademption
1. general rule of ademption by extinction - generally, a specific gift is a deemed (fails) if the testator does not own the specifically devised property at death.
2. Guardianship Exception - The beneficiary of adeemed property gets a general pecuniary gift equal to:
1. ?
2.
3.

Answer 24

1. The net sale price of property sold by testator’s guardian

Question 25

Non Ademption
1. general rule of ademption by extinction - generally, a specific gift is a deemed (fails) if the testator does not own the specifically devised property at death.
2. Guardianship Exception - The beneficiary of adeemed property gets a general pecuniary gift equal to:
1.
2. ?
3.

Answer 25

2. A condemnation award paid to testator’s guardian for the property’s taking; and

Question 26

Non Ademption
1. general rule of ademption by extinction - generally, a specific gift is a deemed (fails) if the testator does not own the specifically devised property at death.
2. Guardianship Exception - The beneficiary of adeemed property gets a general pecuniary gift equal to:
1.
2.
3. ?

Answer 26

3. Insurance proceeds received by testator’s guardian for damage to the property

Question 27

The UPC has a replacement rule, which gives the beneficiary any property the testator acquired to replace specifically gifted property. True or False

Answer 27

True

Question 28

Let’s say that my mom has a refrigerator and in her will she gives me her 1997 Frigidaire refrigerator and over time that refrigerator breaks and she hauls it off to the dump and buys a 2023 refrigerator. Under the UPC, I would get the 2023 refrigerator because she doesn’t own the 1997 refrigerator anymore because it has been thrown away. This would allow me to get the item that she replaced rather than just the original item that was listed in the will. True or False.

Answer 28

True

Question 29

__________ is the abrogation of a bequest by an inter-vivíos gift made by the testator to the legatee.

Answer 29

Satisfaction

Question 30

Classification of gifts
1. Residuals
2. General
3. Demonstrative
4. Specific
This is the order of abatement/ failure
They are listed in this order on purpose. If there is not much in the estate at the testator’s death as they anticipated this is the order that gifts will fail. Their concern is to make sure that ________ _________ are honored first.

Answer 30

Specific gifts

Question 31

Classification of gifts
1.
2.
3.
4.
This is the order of abatement/ failure

Answer 31

1. Residuals
2. General
3. Demonstrative
4. Specific

Question 32

If there isn’t enough the people with the ________ _________ are most likely to still have that bequest filled.

Answer 32

Specific bequests

Question 33

My Oak Desk
My 100 Shares of Disney Stock
My house on Retreat Lane in Maryville

Answer 33

Classification:
Specific- gift generally identified.

Question 34

$6K from my bank account, but if not enough, from my other funds.

Answer 34

Demonstrative- Specific and general. To come from a specific source at first, but can also come out of general estate.

Question 35

$3,000 to Martha

Answer 35

General

Question 36

Everything else I own

Answer 36

Residuary
The rest residue and remainder of my estate.

Question 37

Donee predeceases donor - the gift recipient dies before the gift giver. The Donor doesn’t change the will and the gift would lapse meaning it would pass under will’s residuary clause or intestacy (through the laws of intestate succession.) What does this refer to?

Answer 37

In Lapse Situations

Question 38

Donor’s intent is not realized. The intended beneficiary is unable to receive the benefit of the gift and the donor’s assets are likely to go somewhere else entirely. This refers to what?

Answer 38

In Lapse Situation’s

Question 39

Lapse Example:
Testator gives $100K to Bother, residue to fried.
Brother predeceases Testator and leaves no issue (issue would be your children or grandchildren) what happens?

Answer 39

Gift lapses and passes under the residuary to the friend.
The friend is going to get the 100,000 that was in fact meant for brother

Question 40

Basic Idea of Anti-lapse Statutes
If will is silent as to alternative taker/ devise, and gift is to lineal descendants (grandparent, descendant of grandparent, or step-child of testator per UPC 2-603(b). Their descendants get substitute devise. It is sort of like intestacy. Meaning, for example?

Answer 40

if the gift was to me and I die it can go to my daughter instead.

Question 41

What if the devise has no surviving descendants?

Answer 41

then the common law rule of anti-lapse applies

Question 42

What if the devise has no surviving descendants? Then the common law rule of anti-lapse applies. What does “_______” mean?

Answer 42

Under UPC 2-603(a)8, the devisee’s descendants have to survive the testator (not the devise) by 120 hours.

Question 43

Example if the Devise has no surviving descendants: If the gift is to brother, brother’s son would have to survive the testator by 120 hours. Brother’s son does not have to survive brother by 120 hours, just has to survive the testator by 120 hours. True or False

Answer 43

True

Question 44

Anti-Lapse Example:
Testator gives $100K to Brother, residue to Friend.
Brother predeceases Testator, leaving his Son as survivor.
What happens?

Answer 44

$100K goes to brothers son. Rather than through the residue to the friend

Question 45

Words of survivorship such as if he survives me OR my surviving children are NOT in the absence of additional evidence, a sufficient indication of an intent contrary to the application of this section.
Example: Testator gives $100K to brother only if he survives me. Brother predeceases Testator, leaving his son as survivor. What happens?

Answer 45

Under UPC, absent any additional evidence of contract intent, the gift is saved and given to Son.

Question 46

Tanya left her stamp collection to my son Ben if he survives me and if he does not to my daughter Nancy. Ben predeceases Tanya, but left descendants. Who takes if Nancy survives Tanya?

Answer 46

Lineal descendant, will provides express requirement of survivorship and a gift to alternative taker who can take.
Therefore, anti-lapse statute doesn’t apply and the gift doesn’t lapse and
NANCY takes under alternative devise.

Question 47

The testator’s valid will contains the following devise: to my step-son, I leave $15,000.
The testator’s step-son predeceases the testator, and he is survived by his daughter. How will the 15,000 be distributed?

Answer 47

Under UPC 2-603(b)(1) the anti-lapse statute applies to step-children. Therefore, a substitute gift is created in the devises’s surviving descendants.
Step-son’s daughter will take the $15,000 in the step-son’s place.

Question 48

The common law doctrine of ______________ says that encumbrances such as mortgages of property conveyed must be paid off by funds from the estate not separately by the person who inherited the property. In other words, the new property owner is exonerated from the debts, which are the responsibility of the estate.

Answer 48

Exoneration

Question 49

The concept has significant ramifications when multiple parties inherit various portions of an estate. Say a widow dies and leaves her estate to her three sons. According to the will, one son gets her house and the other two divide cash savings. But there is a mortgage on the house that must be paid upon the death of the mother. Under the doctrine of __________, the son who inherits the house is ____________ from paying off the mortgage by himself; instead, it must be paid off equally by the three sons, out of the total value of the estate.

Answer 49

Exoneration
Exonerated

Question 50

At least 19 states have abrogated the doctrine of exoneration in favor of the Uniform Probate Code, which assumes that mortgages and other encumbrances are owned by the inheritor of the property unless the will specifies otherwise. this is called default non-exoneration and applies even if the will makes vague reference to paying of all debts. To qualify for exoneration the will must specifically state that debts on the property in question are to be paid off from the estate. True of False

Answer 50

True