Chapter 3 Flashcards

0
Q

A different name for a gift by will of personal property

A

Legacy

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1
Q

A gift by will of personal property

A

Bequest

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2
Q

A person who makes a gift by will of personal property.

A

Legator

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3
Q

A person who receives a gift by will of personal property.

A

Legatee

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4
Q

A gift by will of a particular item of personal property

A

Specific bequest

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5
Q

A gift by will of a sum of money from a specified fund or from the sale of a particular property.

A

Demonstrative bequest

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6
Q

A gift by will of an amount of money.

A

General bequest

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7
Q

A gift by will of all the remaining property owned by the decedent that has not been gifted in another clause.

A

Residuary bequest

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8
Q

A gift by will of real property. Today under the UPC also known as a bequest

A

Devise

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9
Q

A proportional reduction of gifts to beneficiaries because the estate lacks sufficient funds to pay the decadents debts.

A

Abatement

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10
Q

A gift by will fails because it is no longer owned by the testator or it is no longer in existence.

A

Ademption

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11
Q

A gift by will that fails because the beneficiary predeceased the decedent or the beneficiary is unwilling to take the item

A

Lapse

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12
Q

A legislative enactment that passes the gift of property to a deceased beneficiaries heirs rather than through the wills residuary clause or intestate succession statute.

A

Anti lapse statute

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13
Q

An heir or beneficiary does not inherit from the decedent if the heir or beneficiary killed the decedent.

A

Slayers rule or slayers statute

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14
Q

Also known as administrator or executor. A legal representative appointed by the court to administer the decadents estate.

A

Personal representative

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15
Q

A person nominated in the will to carry out the directions and the distribution of gifts contained in the will.

A

Executor

16
Q

A temporary return to mental capacity.

A

Lucid interval

17
Q

An oral will made by the testator in anticipation of death gifting personal property and made in the presence of a witness.

A

Nuncupative will

18
Q

A will written entirely in the testators handwriting and not witnessed

A

Holographic will

19
Q

An extra witness to a will beyond the statutorily required number.

A

Supernumerary witness

20
Q

As provided by statute, a will that removes some of the requirements of proof to be admitted to probate. Usually a self. Proving affidavit is used.

A

Self proving will

21
Q

A public officer that administers oaths and certifies signatures as genuine.

A

Notary public

22
Q

A clause that states where, when, and whom the notary public is that is certifying the signature

A

Jurat

23
Q

Subject to change

A

Ambulatory

24
Q

A testamentary document that amends a will.

A

Codicil

25
Q

A document that authorizes one person (the agent or attorney in fact) to act on behalf of another person ( the principal).

A

Power of attorney

26
Q

A power of attorney that does not terminate upon the principal becoming mentally incompetent.

A

Durable power of attorney

27
Q

A specialized power of attorney where the agent has authority to make health care decisions for the principal.

A

Power of attorney health care

28
Q

A document where the signer may direct that no artificial measures may be employed to postpone his or her death.

A

Living will