Med - Wills

Question 1

Valid Will under CA Law

Answer 1

(1) CA law (2) law of the State where will was executed (3) State where testator was domiciled at time of execution or death

Question 2

Ambiguities -Will

Answer 2

Court will consider extrinsic evidence to clarify

Question 3

Incorporation by Reference

Answer 3

(1) was in existence at the time will was executed (2) sufficiently described in will and (3) testator intended it

Question 4

Testator Gift of CP and SP

Answer 4

may only gift his share of CP but may gift any SP

Question 5

Revocation by Physical Act

Answer 5

(1) testator intended to revoke will and (2) will is burned, torn, destroyed, cancelled by testator or by someone at testator’s direction

Question 6

Revocation by Divorce

Answer 6

CA, gifts to a spouse are revoked upon divorce

Question 7

Dependent Relevant Revocation

Answer 7

cancels a revocation that was made under a mistaken belief of law or fact - testator would not have revoked will but for the mistaken belief

Question 8

Revival of Revoked Wills & Republication by Codicil

Answer 8

physical act: Testator shows intent for revival

subsequent document: republishes will by subsequent will or codicil that complies with will formalities

Question 9

Interested Witness

Answer 9

Must be signed by testator in the presence of two disinterested witnesses - any gifts to interested witnesses are presumed invalid

Question 10

Lapse of Gifts and Anti-Lapse

Answer 10

beneficiary does not exist at time of testator’s death = lapse and return to residual estate
CA Anti-Lapse: gift will pass to deceased beneficiary’s issue -applies if: (1) related by blood to testator (2) survived by issue and (3) no contrary intent

Question 11

Per Capita by Representation

Answer 11

equal shares that are (1) surviving descendants in nearest generation (2) surviving descendant in nearest generation is allocated one share (3) remaining shares are divided in same manner among the living

Question 12

General Gifts -Will

Answer 12

nonspecific and is satisfied from any of the funds remaining in testator’s estate

Question 13

Residual Gifts

Answer 13

any property remaining after the distribution of estate

Question 14

Ademption

Answer 14

specific gift is adeemed by extinction (destroyed/sold) if testator does not own at time of death
CA: adeemed ONLY if testator intended gift to fail plus 4 exceptions (1) when stock is changed to another form of stock (2) executor of the estate sells property (3) testator receives condemnation proceedings and there’s no issue of traceability and (4) specific gift was destroyed, beneficiary is entitled to unpaid insurance recovery

Question 15

Abatement

Answer 15

process of reducing gifts - occurs when assets are insufficient to cover debts, expenses, and gifts 
Depend on class in this order: residuary, general, specific

Question 16

Adopted Children

Answer 16

inherit from their parents as if they were natural born children