Construction of Wills Flashcards
What is a specific legacy?
A specific legacy, devise, or bequest of property that can be distinguished from other property part of the estate
What is a general legacy?
A gift of personal property that the testator intends to be satisfied from the general assets of the estate.
e.g., 100k to John
What is a demonstrative legacy?
A testator intends that a bequest be paid from a particular source, but if insufficient, from the general assets of the estate.
Treated as specific legacies for abatement purposes to the extent they can be satisfied, and otherwise as general legacies
What is a residuary legacy?
The remainder of the estate following specific, general, and demonstrative legacies
When may a will incorporate another writing by reference?
When the other writing:
- Existed at time of execution;
- Was intended to be incorporated; and
- is described in the will with sufficient certainty as to permit its identification.
What is an act of independent significance?
An act that has legal significance apart from the will, i.e., can change the provisions of a will without requiring a codicil
What does Pennsylvania’s anti-lapse statute provide for?
If a gift made to the issue of the testator (or brother, sister, or their issue), and that relative predeceased the testator but left issue, then the issue succeeds to the gift, UNLESS the lapsed bequest would go to the testator’s surviving spouse or issue.
If the residue is left to two or more persons and one dies, and anti-lapse does not apply, who takes the residue and how much?
The remaining beneficiaries take proportionate shares
Contrast with CL, which provided that testator’s heirs take lapsed residuary bequests.
What is the order of abatement?
- Property not disposed of by will;
- Residuaries
- General bequests of property not included in residuary clause;
- Property disposed of by will in the form of general bequests of cash, stocks, or bonds;
- Specific bequests to distributes other than spouse/issue
- Specific bequests to issue;
- Specific bequests to spouse.
What is the doctrine of ademption by extinction?
If a specific bequest is missing or destroyed, or was sold or given away, the beneficiary takes nothing unless the will states otherwise
Is a lienholder entitled to exoneration of a lien out of the residuary estate?
Yes, unless the lien is on a specific devise
If the testator mistakenly executed the wrong document instead of a will, can that document be admitted to probate?
No, as it lacks testamentary intent
Can a testator place conditions on devises, bequests, or the will in its entirety?
Yes, except for a total restraint on marriage
Does a divorce revoke will provisions in favor of the former spouse?
Yes, it is statutorily negated unless there is proof the testator intended otherwise
