Construction & Contest of Wills

Question 1

Plain Meaning Rule

Answer 1

give the words their plain meaning of the rule

UNLESS will states otherwise

Question 2

Incorporation by Reference

Answer 2

outside document & will refers to it must:

be in existence at time of excution
intend
document describes with certainty

Question 3

Acts of Ind. Significance

Answer 3

T can dispose of property base don act unrelated to execution of will

can be event that occur in future

Question 4

Lapes

Answer 4

gift fails if beneficiary dies before T (common law) & gift goes into residue

Question 5

What is Anti Lapse Statute?

Answer 5

provides alternative disposition for lapse gifts

if not shelter under anti lapse statute then gift will also

Question 6

What are requirements for anti lapse?

Answer 6

need protected relationship

Question 7

Abatement

Answer 7

estate doesn’t have enough money to pay debts + gifts

Question 8

Abatement hierarchy

Answer 8

intestate property goes first
residuary gift
general gift (assists)
specific gifts go last (watches, items)

Question 9

Ademption

Answer 9

property that is in the will no longer belong to estates

by extinction: devise is extinct and they will take nothing

by satisfaction: T satisfies gift either in whole or part by inter vivos transfer

Question 10

How to show person lacked capacity

Answer 10

at the time of execution, the T had the ability to

know nature of act
nature of character of property
natural objects of bounty
plan of disposition

Question 11

Insane delusion

Answer 11

false belief that testator adheres in spite of all reason

objective test measured against rational person in their circumstances, need but for causation