Quiz 3 Vocab

Question 1

apportionment clause

Answer 1

Clause in the will that sets out how the taxes, debts, funeral expenses and medical expenses are to be paid or apportioned.

Question 2

testamentary capacity

Answer 2

Legal Ability to create a Will. Two criteria, Age and mental state.

Question 3

lucid interval

Answer 3

a moment when an incompetent, as adjudicated, can execute a valid will. A rational moment

Question 4

undue influence

Answer 4

a dominant party takes advantage of their position in entering a contract with a party under their influence

Question 5

holographic will

Answer 5

Will that is completely handwritten.

Question 6

nuncupative will

Answer 6

Oral Will.

Question 7

self-proving clause

Answer 7

affirming before a notary public will subscribe the testator and the witnesses signed in their presence and in the presence of each other. It can serve as testimony in court.

Question 8

codicil

Answer 8

An amendment to a will.

Question 9

incorporation by reference

Answer 9

a reference to an outside document, making that document part of a contract (Will).

Question 10

dependent relative revocation

Answer 10

If second will is invalid, the first will that was revoked is reinstated.

Question 11

joint will

Answer 11

A contract – One will for both parties. one cannot revoke their will without the consent of the other party

Question 12

mutual will

Answer 12

a/k/a reciprocal wills - also a contract–two wills but contain an agreement the survivor will not change their will after the other dies.

Question 13

will contest

Answer 13

challenges the validity of the testator’s will after their death.

Question 14

in terrorem clauses

Answer 14

anyone who contests the will forfeits their interests.

Question 15

attestation of a will

Answer 15

Act of witnessing the perfor4mance of statutory requirements to valid execution.

Question 16

subscribing signature

Answer 16

Literally means “to go underneath”. (Sub = under) Goes at the bottom of the page. Witnesses sign the will below the testator’s signature.

Question 17

primogeniture

Answer 17

passing to the first born (eldest) male child. Excluded females.

Question 18

Dead Man statute

Answer 18

Evidentiary rule that prohibits a beneficiary testifying for their own interest and against the interest of the decedent.

Question 19

Attestation clause

Answer 19

a clause wherein the witnesses certify that the instrument has been executed before them