Construction

Question 1

Construction issues arise ..

Answer 1

after the death of the testator

Question 2

Main source of evidence for testator’s intent

Answer 2

extrinsic evidence

Question 3

T/F: The plain meaning of the language cannot be changed by extrinsic evidence

Answer 3

True

Question 4

No reformation rule

Answer 4

Cannot reform a will to correct a mistaken term to accord with the testator’s intent

Question 5

A latent mistake manifests ..

Answer 5

when the language on its face is clear but the ambiguity arises when being applied to the facts.

Question 6

Plain meaning rule

Answer 6

Extrinsic evidence may be allowed to resolve certain ambiguities but the plain meaning of the words of a will cannot be disturbed.

Question 7

A patent mistake manifests ..

Answer 7

when the ambiguity appears on the face of the will

Question 8

Types of latent mistake

Answer 8

Equivocation and personal usuage

Question 9

Equivocation

Answer 9

when two or more people or things fit the description exactly

Question 10

Personal usage

Answer 10

If extrinsic evidence shows that a testator habitually used a term in a distinct manner, the evidence is admissible to show that the testator used that term in accordance with his personal usage rather than its ordinary meaning.

Question 11

2-805; reformation to correct mistakes

Answer 11

The court is more willing to reform the terms of the governing instrument if it is proved by clear and convincing evidence what the transferor’s intention was and that term of the governing instrument were affected by a mistake of fact or law.

Question 12

T/F: 2-805 may apply even if the terms are unambigous

Answer 12

True

Question 13

Lapsed devise

Answer 13

A gift made by a will is subject to a condition that the devisee survives the testator , unless the testator specifies otherwise.

Question 14

Types of lapse devises + description

Answer 14

Specific: identified gift [Blackacre to b]
General: General value [$5000 to c]
Residuary: Assets not devised in the will [The rest to d]
Class gifts: “To my sisters”

Question 15

CL Lapse

Answer 15

Specific/general: dumps into residue
Residuary: Heirs take by intestacy [If one share lapses, no residue of a residue]
Class gifts: Surviving members still take

Question 16

UPC 2-605: Antilapse

Answer 16

Substitutes the dead beneficiaries descendants if certain requirements are met.

Question 17

Anti lapse analysis

Answer 17

1. Whether there was contrary intent?
   - if no, question 2.
   - if yes, anti-lapse does not apply.
2. was the beneficiary 2nd line collateral or closer?
   • if yes: anti-lapse applies
   • if no: anti-lapse does not apply

Question 18

T/F: Under 2-605, words of survivorship = contract intent

Answer 18

Yes

Question 19

T/F: Under 2-603, WOS alone = contrary intent

Answer 19

False, WOS alone does NOT show contrary intent.

Must provide alternate taker.

Question 20

Void devise

Answer 20

If the devise is dead before the will is executed or is an ineligible taker, the devise is void.

Question 21

A class gift is identified by..

Answer 21

group labels “my siblings” or “ to A’s children”

Question 22

T/F: Ademption by extinction applies only to specific gifts

Answer 22

True

Question 23

Ademption by satisfaction is applicable ..

Answer 23

when the testator makes a gift inter vivos to a devisee after executing the will.

ex: In the will “ T left $1000 to K,” then T gave $500 to K during life. K will only receive $500 after T dies because presumption is the that the gift is in satisfaction of the devise made by the will.

Question 24

Abatement arises when

Answer 24

the estate lacks sufficient assets to pay decedent’s debt as well as all devises.