Components of a Will: what words given testamentary effect?

Question 0

Republication by Codicil

Answer 0

earlier valid will is considered republished if referenced in a subsequent codicil and is valid as of the date of the codicil under the formalities of the codicil.
will republish all codicils attached to prior will

applies only if it furthers testators intent

Does NOT apply to wills revoked by physical act

Question 1

Integration Doctrine

Answer 1

will consists of whatever the testator intended to be part of the will
present at the time will was executed

integration is presumed if pages are connected in some manner or if there is a logical continuity in the language from one page to the next

extrinsic evidence is allowed to prove documents present at the time will was executed were intended to be part of the will

No additions or substitutions of pages after execution without re-execution

Question 2

incorporation by reference doctrine

Answer 2

non-testamentary writings can be incorporated by reference into a will if clearly identified in the will
already in existence
intended to be incorporated.

NY does not recognize the incorporation by reference doctrine

Question 3

exception to NY not recognizing Incorporation by Reference

Answer 3

testators can incorporate other formal documents such as
inter-vivos trust;
another persons attested will; or
a writing physically attached to the will

Question 4

Doctrine of “Facts if Independent Significance”

Answer 4

A will can dispose of property by reference to extrinsic facts and events
having significance apart from effect on dispositions made by the will
independent acts can occur before or after execution of will or before or after testators death

leaving contents of safety deposit box to X. later replacing contents before death. purpose of placing items in safety deposit box has independent purpose apart from any testamentary significance.

Question 5

plain meaning rule

Answer 5

extrinsic evidence is not admissible to change the plain meaning of a will.

Question 6

Mistake as to nature of document

Answer 6

will is invalid when person signs writing and fails to know it is a will

lacks testamentary intent

Question 7

Mistake in the inducement

Answer 7

no remedy where testator is mistaken about underlying facts in the will

will cannot be changed with one exception

Question 8

Mis-signed Reciprocal wills

Answer 8

2 parties draft wills with mirror image or common estate plan
and mistakenly sign the wrong one

NY courts will read wills together to correct the mistake

Question 9

Alternate Disposition

Answer 9

mistake appears on the face of the will and testators alternative disposition, but for the mistake, appears on the face of the will

will can be reformed to effectuate testators manifest intent

Question 10

Mistaken Omissions

Answer 10

no remedy where testator inadvertently omits a devise he intended to make even if attorney is at fault

Question 11

mis-description

Answer 11

where property description or beneficiary consists of several particulars
and all do not fit one person or thing
less essential particulars can be ignored so remaining description clearly fits one person or thing

Question 12

mistakes in expression

Answer 12

testator is incorrect about contents of will or legal consequences of language

court will not provide a remedy

Question 13

Textual Ambiguities

Answer 13

where language in a will is susceptible to multiple reasonable interpretations. May be latent ambiguity or patent ambiguity

Question 14

Latent Ambiguity

Answer 14

revealed only when executor attempts to carry out a will.

Extrinsic evidence is admissible to carry out testators intent including declarations of testator

Question 15

Equivocation

Answer 15

a latent ambiguity where a testator describes 2 things equally well or equally poorly

extrinsic evidence is admissible to determine intent of testator

Question 16

Patent Ambiguity

Answer 16

obvious from the face of the will.

NY courts are reluctant to admit extrinsic evidence to clarify a patent ambiguity.

Effects - gift stricken if it cannot be carried out on its face.
May look to the four corners of the will to determine a construction that will carry out the testators intent.

Question 17

Devises - defined

Answer 17

any disposition of real or personal property by will

devise, bequest, and gift are synonymous

Question 18

4 categories of devises - list

Answer 18

1. specific
2. general
3. demonstrative
4. residuary

Question 19

Specific devise

Answer 19

gift of identifiable property distinguishable from all other assets
only way to satisfy is the specific item itself

Question 20

General Devise

Answer 20

gift stating a value payable out of general assets from the estate

if not sufficient cash in the estate to make gift, assets not specifically devised, will be sold to generate funds sufficient.

An apparent specific devise but an item never owned by T is a general devise

Question 21

General Devise - gifts of stock

Answer 21

All of shares - specific devise

less than all shares - not prefaced by “all” or “my” is not a specific bequest. Interpreted as a placeholder for some value and is a general bequest.

Question 22

Demonstrative Devise

Answer 22

specifically designates where funds are to come from for devise.

treated as a general bequest but sale of specific asset is used first and if not sufficient, other general assets of the estate will be used to complete the gift

Question 23

Residuary Devise

Answer 23

gift of the remainder of estate after all other specific, general, and demonstrative devises have been paid and all other expenses of administration.