Trusts and Wills Intro

Question 1

Freedom of disposition v. Public Policy

Answer 1

○ Jewish spouse case
§ Is a restraint on marriage violate public policy to such an extent that we should not allow it? Ohio court said no
○ IN CA: CA CIVIL CODE 710
§ Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.
§ Estate of Guidotti
□ Clause giving income to wife for life, but only if she did not remarry or live with a man as though married deemed invalid - void as restraint on marriage
○ EXAM TIP:
§ Gift with condition = MUST ADDRESS FREEDOM OF DISPOSITION v. PUBLIC POLICY.
○ Misc:
§ Forced share doctrine?

Question 2

Forced Share

Answer 2

The mandatory share to which a spouse is entitled irrespective of the decedent spouse’s will.

Question 3

Constraints Upon Marrigage

Answer 3

CA Civil Code 710:
Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not
affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.

Estate of Guidotti: (2001)
Clause giving income to wife for life, but only if she did not remarry or live with a man as though married deemed invalid– void as restraint on marriage.

Question 4

Probate Process

Answer 4

1. Petition for Probate
2. Personal Representative must give Notice
3. Order for Probate
4. Letters (Testamentary v. Of Administration)
5. Inventory and Appraisal of Assets
6. Payment of Debts and Taxes
7. Closing Probate Proceedings