Variations of Testate Distributions Flashcards
What is the common law “Satisfaction of Legacies” rule?
It’s the same as an advancement in intestacy - presume that a lifetime gift to a beneficiary is intended to be partial or whole satisfaction of the legacy.
What is the satisfaction of legacies rule in NY?
It has been rejected! There is no presumption that a gift to a beneficiary made during testator’s lifetime is intended to partially or completely satisfy their legacy - UNLESS
- contemporaneous writing made at the time of the gift, and
- signed by the donor or donee
What is the majority approach to incorporation by reference?
A will can incorporate an extrinsic document by referring to it IF:
- document existed when the will was drafted,
- the will shows an intent to incorporate the doc,
- and the doc was clearly identified by language in the will.
What is NY’s approach to incorporation by reference?
NY does NOT recognize incorporation by references. Everything must be duly executed to be admitted to probate.
If testator’s will gives “everything in my living room” to B, and the day before testator dies, he puts a $1M picasso in the living room, who gets it?
We presume that by putting the painting in the living room, testator intended for the recipient of “everything in my living room” to get it.
If testator’s will gives B “the car I own at my death” and before he dies he trades in his BMW for a clunky, used ford…which car does B take?
The clunky, used ford - we assume that by trading in his nice car for an old one, he intended that B take the old one.
If testator’s will gives B “everything in my bedroom closet” and before testator dies, he executes a deed (or bank passbook, or stock certificate) to A and puts it in the closet - who takes it?
A - title documents can only be transferred as mandated by law.
