1) Intro

Question 1

CA wills: children

Answer 1

all treated the same – bio, adopted, halfblood, illegitimate

Question 2

CA wills: former families

Answer 2

yes recognized

Question 3

CA wills: domestic partners

Answer 3

yes recognized, same as spouses

Question 4

approach / 3 areas of concern

Answer 4

1) validity
2) revocation + revival
3) distribution

Question 5

approach: validity: subareas

Answer 5

1) capacity
2) intent
3) formalities

Question 6

clean-up issues

Answer 6

1) is there anyone who can claim statutory authority to override the will?
2) any property left over that doesn’t pass under the will?
3) probate process
4) will substitutes, nonprobate transfers

Question 7

validity: capacity: when measured

Answer 7

at moment of will execution

Question 8

validity: capacity: requirements

Answer 8

1) proper age

2) sound mind

Question 9

proper age

Answer 9

18+ OR emancipated minor

Question 10

sound mind: def

Answer 10

must have ability to understand

1) nature of testamentary act (he is creating a will)
2) nature + situation of his property
3) his relation to his living descendants

Question 11

natural objects of his bounty: def

Answer 11

living descenants – spouse, parents, anyone else whose interests are affected b the will

Question 12

sound mind: presumption

Answer 12

presumed yes sound mind

Question 13

sound mind: BOP

Answer 13

IF challenged through will contest and evidence of lack of capacity THEN proponent of will must show that YES capacity by preponderance

Question 14

who can bring will contest?

Answer 14

anyone who has interest in the distribution fo the estate

Question 15

insane delusion: affect on sound mind

Answer 15

depends on if affects a disposition

Question 16

insane delusion: def

Answer 16

mental disorder w sx including delusions or hallucinations, resulting in devising property in a way he would not otherwise do

Question 17

insane delusion: yes affects a disposition: result

Answer 17

will still valid,b ut affected disposition will be cut out (coudl fall to intestacy)

Question 18

insane delusion: no affects disposition: result

Answer 18

does not affect validity

Question 19

intent: def

Answer 19

at time of execution, testator must intend that THIS document be his will

Question 20

intent: wouldn’t satisfy

Answer 20

1) letter saying how you’re planning to make your will later (even if meets reqs for holographic)
2) sham will (joke, ot intended to be valid)
3) conditional will + condition hasn’t occurred

Question 21

conditional will: reqs

Answer 21

condition must be clearly spelled out

Question 22

conditional will: PER

Answer 22

can’t use parol evidence to attach a condition to an otherwise unconditioned will

Question 23

ways to undermine intent

Answer 23

1) undue influence
2) fraud
3) mistake

Question 24

undue influence: def

Answer 24

mental or physical coercion used to control testator’s disposition. Actions of another person that substitute the will (desires) of that person for the will of the testator

Question 25

undue influence: BOP

Answer 25

on the person attacking the will/capacity. high standard.

once presumption has arisen, shifts to other to prove that will NOT induced by UI

Question 26

undue influence: factors

Answer 26

1) whether rship btwn testator and person allegedly unduly influenced afforded an opportunity to control the testamentary act
2) testator’s condition makes him susceptible to UI
3) provisions of will deviate radically from expressed intentions of testator prior
4) person who allegedly committed undue influence active in will’s procurement
5) person unduly profited as beneficiar under the will

Question 27

undue influence: result

Answer 27

1) provision that was result of UI will be invalidated

2) if UI affects the whole will, can invalidate whole will

Question 28

fraud: types

Answer 28

1) in the execution

2) in the inducement

Question 29

fraud in the execution: def

Answer 29

1) fraud re nature or contents of writing itself

Question 30

fraud in the exeuction: result

Answer 30

will is invalid

Question 31

fraud in the inducement: def

Answer 31

intrinsic facts that induce someone to take action that affects the distribution. (false claim to be your child)

Test: would testator have made this gift if knew the true facts?

Question 32

fraud in the inducement: result

Answer 32

if would have made the gift even knowing the true facts, then ignore

if would NOT have made the gift if had known true facts, must invalidate the gift

Question 33

mistake: types

Answer 33

1) in the execution

2) in the inducement

Question 34

mistake in the execution: def

Answer 34

mistake as to the nature of the document

Question 35

mistake in the execution: result

Answer 35

will invalid

Question 36

mistake in the inducement: def

Answer 36

testator executes a will or clause bc is mistaken as to the true facts

Question 37

mistake in the inducment: result

Answer 37

does NOT affect intent. NO RELIEF.