Construction of Wills

Question 1

What is an “election share” in a will?

Answer 1

An election share requires a surviving spouse to either:

1) Take their QCP or CP interests; or

2) Take as provided under the will.

California generally disfavors these.

Question 2

What is a general gift?

Answer 2

A transfer to be satisfied from general assets of estate.

I.E.: Money!

Question 3

What is the doctrine of integration?

Answer 3

At execution, a will consists of all pages present at the time present and intended to form prat of the will.

This intent can be showed by physical connection of the pages** or the ongoing nature of the will’s language.

Question 4

What is the doctrine of incorporation by reference?

Answer 4

Will may incorporate another writing not executed with testamentary formalities if:

1) Writing existed at time will was executed

2) Is intended to be incorporated

3) Described in the will with sufficient certainty as to permit it’s identification

Question 5

Can courts use extrinsic evidence to understand the meaning of a will?

Answer 5

If no ambiguity: Will only read the plain meaning of the will

If ambiguous:: CA allows extrinsic evidence to clarify intent

Question 6

ESSAY TIP: For a testamentary trust, how should you organize it?

Answer 6

Split up the wills and the trusts sections! Do not put them back to back!