MEE Wills

Question 1

Incorporation by Reference

Answer 1

A document may be incorporated by reference if: 1. it was in existence at the time the will was executed; 2. the will sufficiently describes the document and; 3. the will manifests intent to incorporate the document

Question 2

Anti-Lapse

Answer 2

All states have some form of anti-lapse statute that saves the gift if the predeceasing beneficiary was in a certain degree of relationship to the testator and let descendants who survived the testator. Most statutes require that the predeceasing beneficiary be related to the testator by blood.

Question 3

Abatement

Answer 3

When an estate’s assets are not sufficient to pay all claims and satisfy all bequests and devises, gift abate (reduced). Unless the testator specifies an order of abatement, gifts abate in the following order: intestate property, residuary estate, general legacies, and specific bequests and devises