Pg 22 Flashcards
What are mutual wills?
When each will is a mirror image of the other will and everything is left to the surviving spouse and then to the kids. The burden is on the party claiming that there is a contract to prove it by clear and convincing evidence
What is a statutory will form?
These are created by the State and you cannot add or cross out any words of this form, or else it will be invalid or the court will ignore those parts. You can fill in the blanks and amend it by a separate document/codicil. If you are using this form and calling it a statutory will, it must follow the will form exactly, it is not customizable.
What are the times that you should make a new will?
If you get married, divorced, terminate a domestic partnership, get an annulment, have more kids, your spouse or kid dies, your ex partner remarries, there’s a major change in assets, you get fired, etc.
What is an exortium clause?
This is at the beginning of a will where the testator says that he intends to make a will and to an revoke all previous ones. This helps the reader know that it isn’t a codicil and it knocks out everything that has come before it, and it gives testamentary intent.
On a statutory will form why is it smart to strike through anything that you don’t intend to use?
So that no one can come along later and try to add things
What is the effect of a testator nominating a guardian for his minor children?
This is just a nomination, the court must approve the person in order to protect from changing circumstances
Is it necessary to require a bond?
No, but you have to make a decision about whether you will require one in the will.
How is the bond amount set?
By the probate court based on statutory formulas.
If you are the executor of a will, it is smart to get what to protect yourself?
A representative bond or an executor’s bond from an insurance company
What is involved in the California statutory will?
This is based in California law and is only for California residents. It’s a simple will that is not meant to deal with complicated things or lots of money. You cannot add or cross out words because that will make it invalid or the court will ignore what you’ve added or crossed out. You can only fill in the blanks.
What is a conservator?
Someone that is appointed to take care of the estate or person of someone that is not competent.
What is the UTC?
Uniform trust code
What are the five major areas of testing in trusts?
– validity – administration of a trust - accounting problems – transfers of interest – modification and termination
Is it necessary that the word “trust“ be used in a fact pattern that deals with a trust question?
No
Can trusts be created orally?
Yes, as long as the SOF is not impacted [there’s no RP or other such things involved]