Interpretation & Construction

Question 1

What if a will has conflicting provisions?

Answer 1

Use provision closes to death

Question 2

How is a will construed?

Answer 2

As a whole giving ordinary meaning to words

If will exists = intent not to die intestate

Question 3

Types of will ambiguity

Answer 3

Patent
Latent
Not apparent

Question 4

Patent ambiguity

Answer 4

Obvious ambiguity

-use extrinsic evid

Question 5

Latent Ambiguity

Answer 5

Language clear but can’t carry out w/o clarification

-look at extrinsic evidence

Question 6

No apparent ambiguity

Answer 6

Language clear and can be carried out but someone thinks mistake in will

-Some states say just follow will (traditional) and other allow extrinsic evid (modern)

Question 7

Can you incorporate a doc into a will?

Answer 7

Yes! Must have:
•intent
• clearly identified
• existed when will executed

Question 8

Conditional will

Answer 8

Will only applies if event does or something doesn’t occur

Question 9

Do courts like conditional wills?

Answer 9

No and will construe as general when possible

Question 10

Codicil

Answer 10

Amendment to an existing will

Question 11

Relationship between will and codicil

Answer 11

Treated as 1 doc from date of last codicil

Question 12

Can a codicil incorporate a defective will?

Answer 12

Yes!

Question 13

Pour over provision

Answer 13

Provisions in will that leaves prop to inter vivos trust

Question 14

Combination wills

Answer 14

1. Joint will
2. Reciprocal will
3. Contractual will

Question 15

Joint will

Answer 15

Single doc containing wills of 2+ persons

Question 16

Reciprocal wills

Answer 16

Separate wills w/parallel dispositive provisions

Question 17

Contractual will

Answer 17

Will executed pursuant to K

-Common law: can use extrinsic evid to prove
-modern: need k in writing

Question 18

3 ways a will can be revoked?

Answer 18

1. By operation of law
2. Physical act
3. Subsequent will or codicil

Question 19

Revocation by law

Answer 19

Divorce

Beneficiary murders testator (slayer statute)

Question 20

Revocation by physical act

Answer 20

Elements
• intent
• mental capacity
•physical act (burn, cut, tear)

*proxy revocation allowed as long as in testators presence and at his direction

Question 21

Subsequent will codicil causing revocation of OG will

Answer 21

New will must meet all formal Will requirements

-If new will completely disposed of testators prop&raquo_space;»old will revoked

-If only partially disposes&raquo_space;> old
will only revokes as to inconsistent parts (new will overcomes)

Question 22

What if the testator had possession and control of will after death but no one can find after his death?

Answer 22

Presumption that testator revoked

Question 23

Approaches when testator creates new will and then goes back to wanting old one

Answer 23

UPC: look at testators intent

Automatic revival: no revoking occurred

No revival: upon will #2 being signed, will #1 is dead

Question 24

Conditional revocation

Answer 24

Allowed

Question 25

Implied conditional revocation

Answer 25

When testator executes will #1, then revokes it, then executes will #2( but it’s invalid).

Will #1s revocation was dependent on will #2 being valid so will #1 remains (DRR Doctrine of Relevant Revocation)