CA Wills

Question 1

CA Wills Differences

Answer 1

(1) All children (biological, adopted, half-blood, illegitimate) are treated the same.
(2) CA recognizes former families.

(3) CA recognizes registered domestic partners, same as spouses.
- –> But now that CA also recognizes same-sex marriage, it is not clear what status and treatment registered DPs may have moving forward.
- –> This is unlikely to be tested since it is a new and unsettled area of law.

Question 2

Wills –> Three Areas of Concern

Answer 2

1. Validity
   - –> Capacity
   - –> Intent
   - –> Formalities
2. Revocation & Revival
3. Distribution

Question 3

Wills –> Clean-Up Issues

Answer 3

1. Is there anyone who can claim statutory authority to override the testamentary instrument?
2. Is there any property left over not passing under the will?
3. Probate Process
4. Will Substitutes and Nonprobate Transfers

Question 4

Validity –> Capacity

Answer 4

Measured at the time of execution of the will.

• –> A testator is presumed to be of sound mind, but this can be challenged through a will contest by any person who has an interest in the distribution of the estate.
• –> If such a person brings in evidence of lack of capacity on behalf of the testator, then the proponent of the will must show that the testator possessed testamentary capacity by the POTE.

In order for a testator to have proper testamentary capacity, need proper age + sound mind:

(1) Age req’ments - testator must be 18 years old or an emancipated minor.
(2) Sound mind - testator must have the ability to understand 3 things:
- –> the nature of the testamentary act (i.e., that he is creating a will);
- –> the nature and situation of his property; and
- –> his relations to his living descendants, spouse, parents, and anyone else whose interests are affected by his will. (“The natural objects of one’s bounty.”)

Insane Delusion
The person suffers from a mental disorder w/ symptoms including delusions or hallucinations resulting in the person’s devising his property in a way he would not otherwise do
—> If a testator is suffering from an insane delusion this affects the validity of the will only if it affects disposition under the will.

Question 5

Validity –> Intent - Generally

Answer 5

At the time of the execution, a testator must intend that this particular doc be his/her will.

3 concepts that undermine testamentary intent

(1) Undue influence
(2) Fraud
(3) Mistake

Question 6

Validity –> Intent - Undue Influence (undermining testamentary intent)

Answer 6

Undue influence: mental or physical COERCION used to control the testator’s disposition (actions of another person that substitute the will of that person for the will of the testator).

The burden is on the person who is attacking the will/questioning the testator’s capacity to show existence of undue influence.

• –> Presence of undue influence is solely a question of fact (high standard) based on:
  1. whether the RELATIONSHIP between the testator and the person alleged to have unduly influenced him afforded the latter an opportunity to control the testamentary act;
  2. whether the testator’s condition made him SUSCEPTIBLE to undue influence;
  3. whether the provisions of the will DEVIATE radically from the expressed intentions of the testator prior to its writing;
  4. whether the person who allegedly committed undue influence was ACTIVE in the will’s procurement; and
  5. whether such person unduly PROFITED as a beneficiary under the will.

Once the presumption of undue influence has arisen, the burden shifts to person who desires to overcome the presumption to prove that will was not induced by undue influence.

If shown that undue influence was exerted:

(1) The provision that was a result of the undue influence will be invalidated.
(2) If the ct determines that the undue influence affects the entire will, then the entire will will be invalidated.

Question 7

Validity: Intent - Fraud (undermining testamentary intent)

Answer 7

Two types:

1) In the execution
- –> Fraud as to the nature or contents of the writing itself.
- –> If shown to be fraud in the execution, the will is invalid.
2) In the inducement
- –> Intrinsic facts that induce someone to take action that affects the distribution.
- –> The test is whether the testator have made this gift if the testator knew the true facts.

Question 8

Validity: Intent - Mistake (undermining testamentary intent)

Answer 8

Two types:

(1) In the execution
- –> Mistake as to the nature of the doc.
- –> Will is invalid.
(2) In the inducement
- –> The testator executes a will or a clause in the will because the testator is mistaken to the true facts.
- –> Does not affect testamentary intent, thus no relief is granted.

Notes

(1) Sham Will
- –> A will made by the testator as a sham or joke not intending that be a valid testamentary instrument.
(2) Conditional will
- –> When there is a condition precedent to the will taking effect.
- –> If the condition does not occur, the will is possibly invalid.
- –> The condition must be clearly spelled out.
- –> You cannot use parol evidence to attach a condition on otherwise unconditional will.

Question 9

Validity: Formalities - Witnessed Will (i.e. attested/formal will)

Answer 9

(1) In writing

(2) Subscribed: Signed by testator
- –> A signature is whatever act the testator intends to authenticate the doc.
- –> A signature can be anywhere on doc.
- –> The signature does not have to be of the testator, provided is it done at the direction of the testator and in the testator’s presence.

(3) Signed by witnesses
- –> Witnesses must see the doc being signed by testator, or see/hear the testator acknowledge a pre- existing signature to them.
- –> Need at least 2 competent witnesses.
- –> Must know they are witnessing execution of a will, do not need to know contents.

(4) Interested witnesses
- –> An interested witness is both a witness to the will and a beneficiary under the will.
- –> In this situation, there is a presumption that the witness procured the devise by duress, menace, fraud, or undue influence.
- –> If the interested witness cannot rebut the presumption and is one of the qualified witnesses, the will is still valid, but the gift to interested witness fails, with one exception.
- –> If interested witness is an intestate heir, gift to interested witness only void to extent that it exceeds what the interested witness would have received had there been no will (the intestate share).
- –> If notwithstanding the presence of one or more interested witnesses, there are two disinterested witnesses: the interested witness does not lose his share because the will will be proved by other witnesses.

(5) Substantial compliance
- –> Failure to satisfy the witness req’ment does not necessarily invalidate a formal will.
- –> It will still be valid upon a showing of clear and convincing evidence that, at the time the testator signed the will, he intended the doc to constitute his will.

Question 10

Validity: Formalities - Holographic Will (handwritten)

Answer 10

(1) Must be signed by testator.
- –> As w/ the attested will, a signature is whatever act the testator intends to authenticate the doc.
- –> As with attested will, can be signed anywhere with any mark.
- –> Cannot have signature by proxy.

(2) Doc in the testator’s handwriting
- –> Material provisions must be in the testator’s handwriting.

(3) Need NOT be dated
- –> However, if a holographic will does not contain a statement as to the date of its execution and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency (unless the time of its execution is est’d to be after the date of the execution of the other will).

(4) No req’ment of witnesses

Question 11

Validity: Formalities - Contents of the Will

Answer 11

Involves both consideration of external matters and construction of the language in the will.

(1) Integration
There is uncertainty as to precisely what papers and terms were intended to be part of the will at the time of execution.
—> The will comprises any docs or pages actually present at execution and intended to be a part of the will.

(2) Incorporation by Reference
A testator may incorporate by reference a separate doc into a will if:
1. separate doc is in existence at time will is executed; and
2. the will (or other testamentary instrument) clearly identifies the separate doc.
—> Incorporation by reference can be used to validate an improperly executed will by properly executing a short doc incorporating it.

(3) Acts of Independent Significance
Will may dispose of property by reference to acts and events that have significance apart from their effect on the disposition made by the will.
—> Event must be taking place for some reason that is independent from its role in distributing property.

(4) Plain Meaning Rule
If the language of the will is unambiguous, evidence is not admissible to contradict the plain language.
—> Challenger cannot try and show testator made a mistake in description of person, property or other matter.

(5) Ambiguity
Extrinsic evidence is permissible to show intent, help constrict, chose among different possible meanings.
—> Permitted whether “patent” ambiguity (appearing on the face of the will) or “latent” (in light of extrinsic facts).
—> Oral declarations of testator are not permitted as extrinsic evidence to resolve ambiguities.

(6) Third Party Will

Question 12

Intro to Testamentary Instruments –> Validity: Codicils (Modifications)

Answer 12

Definition
Later testamentary instrument that alters, amends or modifies a previously executed will.

Execution
Must be executed with same testamentary formalities as a will, but does not need to be in same format as the will it is amending.
—> Possible to have a holographic codicil to an attested will or attested codicil to a holographic will.

A validly executed codicil republishes the will as of the date of the codicil, even if the codicil does not expressly republish the prior will.

• –> The effect of republication: Will and codicil are viewed as one instrument, interpreted according to the circumstances and law in effect at the time of republication.
• –> A codicil modifies, but does not replace, an existing will, unless the codicil expressly revokes the existing will or inconsistencies between the two documents are irreconcilable.

Question 13

Intro to Testamentary Instruments –> Validity: Special Problems - Will Executed Outside of CA

Answer 13

Will executed outside of CA
A will is valid in CA, if executed out-of-state, so long as the will was executed in compliance w/:
(1) CA law;
(2) Law of place of execution at that time; or
(3) Law of place where testator domiciled, either at time of: (a) Will’s execution; or (b) Testator’s death.

Question 14

Intro to Testamentary Instruments –> Revocation - Generally

Answer 14

Revocation: testator doing something to invalidate will UNLESS revocation was the result of fraud, undue influence or mistake.

Ways

(1) By Subsequent Testamentary Instrument
(2) Physical Act

Question 15

Intro to Testamentary Instruments –> Revocation - By Subsequent Testamentary Instrument

Answer 15

The testator makes a new will and either EXPRESSLY or IMPLIEDLY revokes the previous will:

(1) Expressly revokes: by simply stating so, provided that the new will meets validity req’ments.
(2) Impliedly revokes: by not specifically revoking previous will but makes a new dispositive scheme or by distributing 100% of the decedent’s estate, such as through a residuary clause.
- –> A codicil modifies, rather than replaces, a will’s provisions unless there is express language of revocation or inconsistencies between the codicil and will.
- –> Where the codicil is inconsistent with the will, such inconsistencies will be reconciled as much as possible in order to avoid, or at least limit, an implied revocation of the will provision(s).

*There is no req’ment that an attested will be dated to be valid but where there are multiple, inconsistent wills, none can be probated if none can be proven to be the later will.

Question 16

Intro to Testamentary Instruments –> Revocation - Physical Act

Answer 16

Will may be revoked by being burned, torn, cancelled, obliterated or destroyed with the intent and purpose of revoking it, by the testator or by another person in his presence and by his direction.

Cancelling
To revoke a will by canceling, there must be some defacement of the words or signature of the will, coupled with an intent to revoke.
—> Must touch material provisions (testator cannot just write “VOID” in the margin).
—> If primary or controlling clause remains untouched, still ok.

Partial revocation
May be made by crossing out or drawing lines through particular clauses in the will.

4 Issues with respect to revocation:

(1) Copies of a will
- –> Executed copies/Unexecuted copies—unexecuted has no legal effect, so revocation of unexecuted means nothing.
- –> If multiple executed originals, revocation of one is presumed to revoke all, but note that a will’s proponent might have an easy time rebutting that presumption if the testator knew of a second original in an attorney’s possession.
(2) Codicils
- –> Physical revocation of the will generally also revokes the codicil unless the testator intended the codicil to stand on its own.
- –> If there is evidence of testamentary intent for codicil to stand on its own, then revocation of the will will not revoke the codicil.
- –> Absent evidence of such intent, revocation of the will revokes the codicil as well.
(3) The physical revocation can be done by someone other than the testator
- –> so long as it is done at the direction of the testator and in the testator’s presence, with two witnesses who can testify to same.
(4) Lost wills
- –> If a will was known to be in the testator’s possession prior to death, but after death the will cannot be found, there is a presumption that the testator destroying the will by a physical act intending to revoke it.
- –> However, that presumption is rebuttable through the introduction of extrinsic evidence.

Question 17

Intro to Testamentary Instruments –> Revocation - Marital Dissolution

Answer 17

Probate Code provides for implied revocation of any disposition or appointment of property made by will to the testator’s former spouse if the testator’s marriage is subsequently dissolved or annulled.

For the purposes of distribution, former spouse treated as if predeceased the testator.
—> The same result occurs upon the termination of a domestic partnership.

Question 18

Intro to Testamentary Instruments –> Revival

Answer 18

A will that has been revoked CANNOT be revived UNLESS there is a re-execution of the will or an execution of another will or codicil that incorporates the revoked will by reference.

(1) RE-EXECUTION
- –> Re-executed with proper formalities.

(2) REPUBLICATION
- –> Essentially incorp by reference.

(3) If a second will that revoked an earlier will is itself thereafter revoked, the first will remains revoked, unless it is evident from the circs of the revocation of the 2nd will or from the testator’s contemporary or subsequent declarations that he intended the 1st will to take effect as executed, (i.e., to be revived).
(4) If the revocation of the 2nd will is by a 3rd will, an intent to revive the 1st will must appear in the terms of the 3rd will.
(5) A validly executed CODICIL can serve to revive a previously revoked will.

(6) REMARRIAGE After Dissolution
If provisions in a will benefiting a former spouse have been revoked by dissolution or annulment of the marriage, remarrying the former spouse will revive such provisions.
—> Revival also applies to where former domestic partners establish another domestic partnership with one another.

(7) By operation of law
Dependent relative revocation: think of it as ineffective revocation.
—> Testator revokes an old will w/ the intent that a newly executed will replace it, new will not made/invalid, revoked will admitted to probate on the theory that the testator did not intend the revocation to occur unless the new will’s provisions should take effect.
—> Court-created document to fulfill testator’s probable intent, law of “second-`best.”
—> Court will use this when two wills are sufficiently consistent, so it wont revive will/dispositive scheme that the testator moved away from.

Question 19

Intro to Testamentary Instruments –> Distribution: Testamentary Disposition

Answer 19

(1) SPECIFIC devise
- –> Gift of specific item of property.

(2) DEMONSTRATIVE devise
- –> Gift of a general nature coming from a specific source (ex: gives 100k to A from sale of house).

(3) GENERAL devise
- –> Satisfied out of the general assets of the estate.

(4) RESIDUARY devise
- –> Anything not passing under one of the general provisions of the will falls to the residuary beneficiaries—one way to ensure there will be no distribution by intestacy.

(5) INTESTATE devise
- –> Devise through the laws of intestacy.

Question 20

Intro to Testamentary Instruments –> Distribution: Changes to Property - Ademption (By Extinction)

Answer 20

Ademption (by extinction) applies to SPECIFIC DEVISE only.

• –> If at the time of death the estate no longer contains that specific item, then that specific item has been adeemed.
• –> Partial ademption: partial wiping out of a gift.
• –> Intent: testator’s intent is not a factor.

CA law favors non-ademption.

• –> Courts try to find a way around ademption by:
  (1) insurance proceeds, unpaid condemnation award, purchase price to devisee;
  (2) classify devise as something other than specific devise;
  (3) construe clause at time of death rather than at execution.
  (4) cts will view a change as a non-substantial change in form.

Question 21

Intro to Testamentary Instruments –> Distribution: Changes to Property - Satisfaction

Answer 21

A situation where there is a GIFT in a will to a devisee, but after execution of the will and prior to death, the testator makes an INTER VIVOS GIFT to the devisee.

Does the inter vivos gift satisfy the gift under the will?

• –> Will only satisfy the gift if 1 of 3 conditions are met:
  (1) Must be so stated in the will.
  (2) A writing signed by testator or beneficiary stating that this is meant to be in satisfaction.
  (3) Other extrinsic evidence brought in that shows testator intended this to be in satisfaction.

Question 22

Intro to Testamentary Instruments –> Distribution: Changes to Property - Advancement

Answer 22

An inter vivos gift meant to be IN LIEU of or REDUCE someone’s potential intestate share.

• –> Only considered an advancement if:
  (1) the decedent must have declared in WRITING or the heir acknowledged in writing that the gift was an advancement; and
  (2) the decedent’s writing or heir’s acknowledgement must indicate that the gift is to be taken into ACCOUNT when COMPUTING the amount to be distributed
  (3) Gratuitous inter vivos transfers are deemed to be gifts unless shown to be an advancement

Question 23

Intro to Testamentary Instruments –> Distribution: Changes to Property - Increases

Answer 23

Prior to the death of the testator:
Any increase does not got to the devisee; it becomes part of the estate.

Stock
If you are dealing with a specific devise, then increases in stock will go to the specific devisee.
—> Otherwise, stock increases will go to the general estate.

After the death of the testator and before distribution:

• –> A specific devisee gets those increases.
• –> A general or demonstrative devisee generally does not get the increase; the increase falls to estate.

Question 24

Intro to Testamentary Instruments –> Distribution: Changes to Testator’s Assets and Debts - Abatement

Answer 24

Abatement: gifts are reduced under the will to satisfy the debts and claims of an estate.

Order of abatement:

(1) Property that would pass by intestacy
(2) Residuary bequests
(3) General bequests
(4) Demonstrative bequests
(5) Specific bequests

How it works: go group by group, pro rata w/in group.

CA law says w/in each bequest category, gifts abate on a pro-rata basis; there is no special protection for gifts to a surviving spouse.

The will can change the order of abatement.

Question 25

Intro to Testamentary Instruments –> Distribution: Changes to Testator’s Assets and Debts - Exoneration

Answer 25

Exoneration: CA law provides that a specific gift passes the property subject to any mortgage or other lien on property at testator’s death.
—> There is no right to exoneration, which would mean estate would pay off the lien before giving property to devisee.

Question 26

Intro to Testamentary Instruments –> Distribution: Changes to People - Lapse

Answer 26

Lapse: a gift to a beneficiary who predeceases the testator

—> the gift will lapse.

Question 27

Intro to Testamentary Instruments –> Distribution: Changes to People - Simultaneous Death

Answer 27

Statute provides that if it cannot be established by clear and convincing evidence that one of the persons survived the other by 120 hours, the property of each person will be administered as if that person had survived the other.

• –> Reference to a person “if living” or who “survives me” in a will means a person who survives the decedent by 120 hours.
• –> A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a CA statutory will, and the beneficiaries are determined accordingly.

Question 28

Intro to Testamentary Instruments –> Distribution: Changes to People - Slayer Statute

Answer 28

A person who “feloniously and intentionally” kills the decedent is not entitled to take from the deceased under a will, trust, or power of appointment, or by intestate succession.

Question 29

Intro to Testamentary Instruments –> Distribution: Changes to People - Anti-Lapse Statute

Answer 29

Anti-Lapse Statute: in the absence of a contrary intent expressed in the will, a gift to a deceased beneficiary passes to issue of that beneficiary.

Testator can state in his will that he does not want the anti-lapse statute to take effect.

• –> Anti-lapse statute applies only to save a gift to a person who is: kindred of the decedent or of the decedent’s surviving, deceased, or former spouse. (CA unique in protecting the current spouse and former spouse.)
• –> Applies to class gifts: If the class member dies w/o qualified heirs, the other members of the class will receive a proportionately larger share.

Question 30

Intro to Testamentary Instruments –> Distribution: Changes to People - Disclaimer

Answer 30

Disclaimer: a beneficiary can refuse a gift under a will by disclaiming a gift (either partial or total) and is irrevocable.

In order to be valid, the disclaimer must in writing and signed by the intended beneficiary and must:

(1) identify the creator of the interest;
(2) describe the property or interest being disclaimed; and
(3) state the disclaimer and declare the extent thereof.

A beneficiary who disclaims a gift is treated as if he or she predeceased the testator—the anti-lapse statute may apply to save the gift for the lineal descendents of the beneficiary who disclaimed the gift.

Question 31

Intro to Testamentary Instruments –> Restrictions on Testamentary Transfers: Omitted Spouse Statute - General Rule

Answer 31

If the decedent’s will fails to provide for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse receives the following share of the estate:

(1) the 1/2 of the community property belonging to the decedent;
- –> Note: Surviving spouse already owns the other half of the community property.
(2) the 1/2 of the quasi-community property belonging to the decedent; and
(3) a share of the separate property of the decedent equal to what the spouse would have received if the decedent had died without leaving a will, but only up to 1/2 of the value of the separate property in the estate.

Question 32

Intro to Testamentary Instruments –> Restrictions on Testamentary Transfers: Omitted Spouse Statute - Three Exceptions

Answer 32

(1) decedent’s failure to provide for the spouse in the will or other testamentary instrument(s) was INTENTIONAL and that intent APPEARS in the instrument(s);
(2) decedent provided for the spouse by transfer outside of the estate, and the intention that the transfer be in LIEU of a provision in the will is shown by statements of the decedent, or from the amount of the transfer, or by other evidence; or
(3) the spouse made a valid AGREEMENT waiving the right to share in the decedent’s estate.

Question 33

Intro to Testamentary Instruments –> Restrictions on Testamentary Transfers: Omitted Spouse Statute - Elective Share

Answer 33

In many states, a surviving spouse may elect to waive or renounce the will and take a statutory, forced share, often know as “The Widow/Widower Election.”
(1) This concept does NOT apply in CA.

Question 34

Intro to Testamentary Instruments –> Restrictions on Testamentary Transfers: Omitted Child

Answer 34

Omitted Child: A natural or adopted child born or adopted after the making of a will (can be born before or after death of testator) and not provided for in the will.

General Rule
If a testator fails to provide in his will for a child born or adopted after the execution of all of his testamentary instruments, the omitted child will receive: a share equal to what the child would have received had the decedent died intestate.

Three Exceptions

(1) decedent intentionally omitted the child from his will, and evidence of this intent appears in the will;
(2) decedent had one or more children and devised substantially all the estate to the other parent of the omitted child; or
(3) decedent intentionally provided for the child by transfer outside of the will, and in lieu of the will, and evidence of this intent is shown.

Pretermitted Child
The shares of the estate assigned to a pretermitted or omitted child must first be taken from the portion of the estate not disposed of by the will, and then from all of the other beneficiaries under the will in proportion to the value they receive under the will.

Question 35

Intro to Testamentary Instruments –> Intestacy

Answer 35

(1) Decedent (“D”) dies intestate, survived by Registered Domestic Partner (“RDP”). What is domestic partner’s share of Decedent’s separate property (“SP”)?
- -> If no one else survives D, other than RDP: all SP to RDP.
- -> If 1 child, or issue of 1 child survives: 1⁄2 to RDP, 1⁄2 to CB.
- -> If no child but parent, or issue of parent (sibling), survives: 1⁄2 to RDP, 1⁄2 to surviving parent, M1.
- -> If more than 1 child: 1/3 to RDP, the rest is split among children or their issue: 2/3 to 4 children, 1/6 to each C1, C2, C3, C4.

(2) If RDP does not survive D: locate the first generation with living members, divide equally among those with the same degree of kinship; divide by representation among those of more remote degree.
- -> If all children living: divide into equal shares, C1, C2, C3, and C4 take 1⁄4 each.
- -> If C4 is not living: her 1⁄4 share is taken by GC3.
- -> If C4 and GC3 are not living: C4’s 1/4 share goes to GGC1 and GGC2, who take equal shares (1/8 and 1/8), with C1, C2 and C3 taking 1⁄4 each.

(3) If RDP doesn’t survive and no children (or issue of children) survive: then to parents, or to parents’ issue (siblings) if parents predecease D.
- -> If M1 survives: all to her.
- -> If both M1 and M2 survive: 1⁄2 to each.
- -> If M1 and M2 do not survive: 1⁄2 to B and 1⁄2 to S.
- -> If M1, M2 and B all predecease D: 1⁄2 to S, 1⁄4 to N1, and 1⁄4 to N2.

(4) If D’s siblings, parents, grandparents and issue of grandparents are all deceased: then C5 takes, as issue of a predeceased spouse, H.

(5) If there are no surviving relations but for a very remote collateral relative: the “laughing heir” would take.
- –> If there are 2 or more relatives who are the same degree of kinship to D, those who share an ancestor closer to D are preferred over the others.

(6) If there is no potential taker: the state takes; however, California law prefers to avoid escheat by permitting a long list of relations to take before the estate falls to the state.

Question 36

Probate Proceedings and Will Contests

Answer 36

Definition of Probate
The process by which a will is established as the valid last will of a decedent.
—> The settlement of the estate of a deceased person is in the exclusive jurisdiction of the superior court.

Will Contests
In a will contest, a person interested in the distribution of the estate objects to the admission of the will to probate on the ground that the will is for some reason invalid.
—> The grounds for contest of a properly executed will are generally:
(1) lack of testamentary capacity;
(2) undue influence: mental or physical coercion that is used to control the testator’s disposition;
(3) fraud;
(4) mistake.

Question 37

Will Substitutes

Answer 37

1. Trusts: Either inter vivos or testamentary may be used to transfer property.
2. Life insurance policies
3. Joint accounts
   - –> On the death of a party to a joint account, sums in that account belong to the surviving party unless there is clear and convincing evidence of another intent.
4. Various third-party beneficiary contracts
   - –> Each of these is distinguished from a will because governed by a contract. Payment determined by terms of contract.
   b. Contracts that name a former spouse as beneficiary: These are revoked upon divorce (e.g., life insurance, annuities, retirement funds) and the former spouse is treated as predeceasing the other spouse.