How Decedents' Estates has Been Tested with Conflict of Laws Flashcards
Conflict of Laws—how to decide which law governs the distribution of property
(a) Personal property: distribution is governed by the law of the state in which decedent was domiciled at the time of his death.
(b) Real property: distribution is governed by the law of where property is.
(c) inter vivos trust: administration and validity of a trust are generally governed by the state chosen by the testator or the law of the state that has the most significant relationship to the trust.
Validity of foreign wills and law of the domicile
Under the UPC and a majority of states, a will is valid if it is valid under the law where:
(a) will was executed,
(b) testator was domiciled at the time of his death, or
(c) testator was domiciled at the execution of the will.
