Post-Execution Changes to People and Property

Question 1

What are the types of testamentary distributions?

Answer 1

1. Specific bequests
2. general legacies
3. demonstrative bequests and devises

Question 2

What are specific bequests?

Answer 2

Specific bequests are gifts of a specific article, which is identifiable and distinguished from all other things of the same kind, and is satisfied only by delivery of the particular thing (e.g. “my gold watch”)

Question 3

What is a general legacy?

Answer 3

A gift payable out of the general assets of the decedent’s estate and not in any way separated or distinguished from other things of the like kind

Question 4

What is a demonstrative bequest?

Answer 4

A bequest of a certain sum to be paid out of a particular fund

Question 5

When is the devisee of a demonstrative bequest entitle to payment out of the general estate?

Answer 5

1. if the fund is not in existence at the testator’s death
2. If there are insufficient funds in the named fund

Question 6

What is ademption by extinction?

Answer 6

A gift fails because property specifically bequeathed is not in testator’s estate at the time of their death

Question 7

Is ademption by extinction applicable to general gifts?

Answer 7

No

Question 8

What is ademption by satisfaction?

Question 9

What is ademption by satisfaction?

Answer 9

When a gift fails because testator made an inter vivos gift to the beneficiary of a general or residuary disposition with the intent that the provision in the will be satisfied

Question 10

What are requirements for a gift given by a testator in their lifetime to be treated as a satisfaction of a devise in a will?

Answer 10

A gift testator gave in their lifetime to a person is treated as satisfaction of a devise only if:
1. the will provides for deduction of the gift
2. testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise
3. the beneficiary acknowledges in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise

Question 11

When is abatement necessary?

Answer 11

Abatement occurs if the assets of the testator’s estate are insufficient to satisfy all of the bequests or devises

Question 12

What is the order of abatement?

Answer 12

Beneficiaries’ shares will abate in the following order:
1. property that would pass via intestacy
2. residuary bequests
3. general bequests
4. demonstrative bequests
5. specific bequests

Question 13

What is lapse?

Answer 13

At common law, a devise lapses if the beneficiary predeceases the testator

Question 14

When does a devise lapse?

Answer 14

At common law, a devise lapses if the beneficiary predeceases the testator

Question 15

What is the effect of a lapse in the body of the will?

Answer 15

The gift falls into the residuary, and if no residuary then into intestacy

Question 16

What is the effect of a total lapse in the residuary?

Answer 16

The gifts fall to intestacy

Question 17

W

Question 18

What is the effect of a partial lapse in the residuary?

Answer 18

The remainder of the will passes to other residuary takers

Question 19

What is the effect of a lapse in a class gift?

Answer 19

The gift falls to other members of the class

Question 20

What is the effect of a partial lapse in the residuary?

Answer 20

The remainder passes to other residuary takers

Question 21

What is the effect of a lapse in a class gift?

Answer 21

The gift falls to other members of the class

Question 22

What is required for a devise to be saved under an anti-lapse statute?

Answer 22

A devise is saved if:
1. the predeceasing beneficiary was closely related to the testator as defined by the applicable anti-lapse statute
2. the predeceasing beneficiary was survived by the descendants who also survived the testator

Question 23

What is effect of an anti-lapse statute?

Answer 23

The descendants of the predeceasing recipient of a lapsed devise will take by the anti-lapse statute, unless the will clearly expresses a contrary intent