5) Distribution

Question 1

specific devise: def

Answer 1

gift of specific item of property

Question 2

demonstrative devise: def

Answer 2

gift of a general nature, coming from a specific source ($100,000 from the sale of the house)

Question 3

general devise: def

Answer 3

satisfied out of general assets of the estate

Question 4

residuary devise: def

Answer 4

anything not passing under one of the general provisions of the will –> goes to residuary beneficiaries (to avoid intestacy)

Question 5

intestate devise: def

Answer 5

devise through the laws of intestacy

Question 6

ways property can change

Answer 6

1) ademption
2) satisfaction
3) increases

Question 7

ademption by extinction: def

Answer 7

• -specific devise only
• -at time of death, estate no longer contains that specific item
• -result: it gets adeemed (cancelled)
• -intent not a factor

Question 8

partial ademption?

Answer 8

is possible

Question 9

ademption in CA

Answer 9

CA favors NONademption

Question 10

ways courts try to find a way around ademption

Answer 10

1) insurance proceeds, unpaid condemntaiton award, or purchase price to devisee
2) classify the devise as something other than a specific devise
3) construe clause at time of death, rather than execution
4) viewing as non-substantial change in form (stocks)

Question 11

satisfaction: def

Answer 11

will has gift to devisee, but after the will and prior to death, the testator makes inter vivos gift to devisee

Question 12

satisfaction: rule

Answer 12

the gift will ONLY satisfy if one of these:

1) will says so, or
2) writing signed by testator or beneficiary says this is meant to be satisfaction
3) other extrinsic evidence shows meant to be satisfaction

Question 13

advancement: def

Answer 13

like satisfaction, but for intestate shares

Question 14

advancement: rule

Answer 14

it’s only advancement if:

1) decedent declared in writing OR heir ack’d in writing that the gift was an advancement, and
2) writing/ack must indicate that gift is to be taken into account when contributing amount to be distributed (otherwise it’s just a gift)

Question 15

increases: between execution and death

Answer 15

1) any increase does not go to the devisee –> becomes part of estate
2) stock: if specific devise of stock the specific increase DOES go to that devisee (exception)

Question 16

increases: between death and distribution

Answer 16

specific devisee gets those increases

general or demonstrative generally no

Question 17

abatement: def

Answer 17

gifts are reduced under the will to satisfy the debts and claims of the estate

Question 18

order of abatement

Answer 18

1) property that would pass by intestacy
2) residuary
3) general
4) demonstrative
5) specific

Question 19

order of abatement: general principles

Answer 19

(reverse specificity – group by group, pro rata within group–no special for spouse). Will can change it

Question 20

exoneration: CA rule

Answer 20

specific gift passes the property SUBJECT TO the mortgage. NO exoneration!

Question 21

exoneration: def

Answer 21

if the estate were to pay off the mortgage first (but doesn’t happen in CA)

Question 22

changes to people: kinds

Answer 22

1) lapse + anti-lapse
2) slayer statute
3) disclaimer

Question 23

lapse: def

Answer 23

if the beneficiary predecases the testator, gift will lapse

Question 24

lapse: simultaneous death

Answer 24

need clear + convincing evidence that one person survived the other by 120 hours. Otherwise, deemed to have predeceased

Question 25

lapse: anti-lapse statute:

Answer 25

UNLESS there is a contrary intent in the will, gift to a deceased benefiary passes to the issue of the beneficiary

ONLY applies to save a gift to certain ppl…

applies to class gifts too.

Question 26

anti-lapse statute: applies to who?

Answer 26

1) relatives of decedent OR

2) decedent’s surviving, deceased, or former spouse

Question 27

slayer statute: def

Answer 27

if feloniously and intentionalyl kill the decedent, can’t get from will/trust/intestate

Question 28

disclaimer: def

Answer 28

beneficiary can refuse a gift under a will by disclaiming, partially or totally.

irrevocable

Question 29

disclaimer requirements:

Answer 29

1) in writing
2) signed by intended beneficiary
3) identify: creator of interest, what’s being disclaimed, state the disclaimer, extent of the disclaimer.

Question 30

disclaimer results

Answer 30

beneficiary treated as if predeceased the testator

anti-lapse may apply