Themis Essay 4512 Flashcards
A tenancy by the entirety is a joint tenancy between
married persons with a right of survivorship.
An absolute divorce extinguishes the rights of each spouse in the other’s
real or personal property.
Property held as joint tenants or tenants by the entirety is automatically converted upon divorce into
a tenancy in common.
In a tenancy in common, each co-tenant holds
an undivided one-half interest with unrestricted rights to posses the whole property.
A tenancy in common has no right of survivorship in itself, so each co-tenant can unilaterally
devise, encumber, or transfer their interest to anyone, without affecting the other co-tenant’s interest.
In Virginia, a divorce or annulment revokes any provisions in a testator’s will in favor of
the former spouse.
In Virginia, a provision in a will for a former spouse is interpreted
as if the former spouse predeceased the testator.
A will can be revoked to the extent that it is inconsistent with the terms of
a later writing that meets the requirements of an attested or holographic will.
A gift to a deceased beneficiary is said to
lapse.
Virginia has an anti-lapse statute that will save a gift to a deceased beneficiary who:
(i) is a descendant of a grandparent of the testator; and
(ii) leaves surviving descendants.
A lapsed gift will become part of the testator’s
residuary estate.
If a residuary gift lapses, or if there is no residuary estate, then
the lapsed gift passes by intestacy.
In Virginia, if the intestate is survived by descendants but not a current spouse, then
the descendants take the entire estate.
