Construction of Wills

Question 1

When can a will incorporate non-testamentary extrinsic documents?

Answer 1

1. Document is in existence
2. Testator intends to incorporate
3. Document is described with sufficient certainty to permit ID

Question 2

What is required for anti-lapse statute?

Answer 2

Allows the issue of beneficiaries who died before the testator to get what was supposed to go to the beneficiary

1. Protected relationship like relative
2. Survived by issue

Question 3

What happens when a member’s gift lapses?

Answer 3

Rest of the class share that member’s gift

Question 4

What types of testamentary gifts are there?

Answer 4

1. Specific gift
2. General gift
3. Demonstrative gift from source
4. Residuary gift

Question 5

What is the order in which gifts are considered abated?

Answer 5

1. Intestate property
2. Residuary gift
3. General gift
4. Specific gift

Question 6

How are ademptions of specific property by extinction treated?

Answer 6

1. Traditional - devisee gets nothing (extinct)

2. UPC - allow replacement property (intent)

Question 7

What are requirements for ademption by satisfaction?

Answer 7

1. Testator intends for gift to adeem

2. Intent must be supported by writing

Question 8

What types of evidence are allowed for interpreting ambiguities?

Answer 8

1. No extrinsic evidence for patent ambiguities, but OK for latent
2. Extrinsic evidence allowed for all ambiguities in modern rule