Interpretation & Construction Flashcards

1
Q

If a will contains two or more contradictory provisions, how will they be construed?

A

The last prevails

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2
Q

If a will contains patent/obvious ambiguity, how will the courts deal with this?

A

Consider extrinsic evidence to resolve ambiguity, but not fill in the blanks

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3
Q

If a will contains latent/hidden defects (so there is sensible meaning, but will cannot be carried out without further clarification), how will the courts deal with this?

A

Extrinsic evidence permitted

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4
Q

There is no apparent ambiguity in the will, but a party wants to introduce extrinsic evidence to show another meaning. How will the courts react?

A

Traditional rule = extrinsic evidence not considered

Modern rule = extrinsic evidence may be allowed to assist the court in carrying out T’s intent

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5
Q

Can a will incorporate another document by reference?

A

Yes, if:

  1. Other document existed at the time of execution of the will
  2. It is sufficiently described in the will
  3. The will manifest the intent to incorporate them
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6
Q

Does a document that is incorporated by reference need to undergo the formalities of a will to be incorporated?

A

No because it’s treated as though it’s inside the will

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7
Q

If a will includes reference to a future/unattested act or events to dispose of property under a will, is this effective?

A

Yes

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8
Q

Are conditional wills valid?

A

Generally, there is a presumption against conditional wills and courts will construe them as general

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9
Q

What is the effect of a republication by codicil?

A

Will is treated as being executed on the date of the last codicil. The codicil incorporates the will by reference.

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10
Q

What is a pour over provision in a will?

A

Under the Uniform Testamentary Additions to Trusts Act, the testator is allowed to make a gift to a trustee of an inter vivos trust.

The trust into which the property pours over must be created before OR after testator creates the will. And such a trust can be amended or revoked after the will is executed

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11
Q

If a inter vivos trust is revoked after a will containing a pour over provision is executed, what is the effect?

A

The gift fails

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12
Q

Is a contractual agreement not to make or to make or not to revoke a will valid?

A

Yes and there is consideration for this contract

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13
Q

How do you revoke a contractual will?

A

By revocation by agreement of both parties if still alive.

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14
Q

If a person breaches their contact with regards to revoking a will, and T dies in breach, what might the court do?

A

Admit the new/breaching will into probate, but impose a constructive trust for the benefit of the promisee

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