W&T: Wills: components and construction

Question 1

through integration, a will consists of

Answer 1

a writing that is present when at execution and intended to be part of the will

Question 2

Republication

Answer 2

an earlier, valid will is considered republished by reference to it in a subsequent codicil

Question 3

Plain meaning rule

Answer 3

where language in a will has a plain meaning, extrinsic evidence is not admissible to contradict that meaning

Question 4

Mistake

Answer 4

where a person signs a writing that she fails to recognize as a will, the proper intent is absent

Question 5

Ambiguities

Answer 5

latent: one that is revealed only when the executor attempts to carry out a provision in the will
equivocation: a type of latent ambiguity that occurs when a bequest describes two things/persons equally well/poorly.

Question 6

Classification of devises

Answer 6

Specific: gifts of identifiable property;
General: gifts that state a value payable out of the general assets;
Demonstrative; a general gift that designates the fund/source of payment;
Residuary: gift of a remaining portion

Question 7

Ademption

Answer 7

if the property of a specific devise is no longer part of the testator’s estate, the gifts is adeemed. this rule does not apply to general or demonstrative gifts)

Question 8

Abatement

Answer 8

if a testator’s estate is not sufficient to apy all of the devises made by testator, some gifts may be reduced/eliminated, in the following pro rata priority:

(1) intestate shares;
(2) residuary gifts;
(3) general gifts;
(4) specific and demonstrative gifts; and
(5) share of surviving spouse.

Question 9

Anti-lapse statute

Answer 9

a devisee who fails to survive the testator does not take his devise. A testator may provide in the will for the treatment of the lapsed, void, or otherwise failed gifts through alternative bequests or contingencies.