Themis Essay 3409 Flashcards
A testator may revoke his will at any time prior to
death.
A will can be revoked by the express terms of a later writing that meets the requirements of
an attested or holographic will.
A will may be revoked by a physical act of the testator when done with
the present intent to revoke.
Virginia allows a will to be revoked by another on the testator’s behalf as long as
the physical act is at the testator’s direction and in the testator’s presence.
A signed writing that does not satisfy the requirements for a will or codicil can revive a revoked will if
it can be shown by clear and convincing evidence that the testator intended the writing to revive the will.
A specific devise or bequest is one of
specific property.
Under the doctrine of ademption by extinction, if specific property is not in existence or has been disposed of prior to the testator’s death, then
the devise is adeemed, and the devisee does not have an interest in the subject of the devise.
An equivocation exists when the words in the will
describe equally well two or more persons or things.
Facts-and-circumstances evidence is admissible to solve an equivacation, as are
statements by the testator as to her testamentary intentions.
A will is construed as if it had been executed immediately before the death of the testator, unless
a contrary intention appears from the will.
A gift to a deceased beneficiary under a will is said to
lapse.
A lapsed gift becomes part of the
residue.
Virginia has an anti-lapse statute that applies if the predeceased beneficiary is a
grandparent or a descendant of a grandparent of the testator.
If applicable, the anti-lapse statute prevents a gift from lapsing and allows the decedent’s
beneficiaries to take the gift.
