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Wills & Thrills > Will Construction > Flashcards

Will Construction Flashcards

1
Q

3 questions of will construction

WILL CONSTRUCTION

A
  1. What comprises the will?
  2. Is the will a contract?
  3. How are the terms of a will construed?
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2
Q

4 curative doctrines

WHAT COMPRISES A WILL

A
  1. Integration
  2. Republication by codicil
  3. Incorporation by reference
  4. Acts of independent significance
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3
Q

purpose

INTEGRATION

A

How we determine what pages constitute a will when will is written on more than one page

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4
Q

doctrine

INTEGRATION

A 
Every piece of paper that was
1. Physically present at execution AND
2. Intended to be part of the will 
= integrated therein 
(AKA part of the will)
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5
Q

required proof

INTEGRATION

A

must be CLEARLY APPARENT T intended that together they should constitute the last will and testament of the testator

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6
Q

effect

REPUBLICATION BY CODICIL

A

Redates the will to date of codicil

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7
Q

2 views on validity of will

REPUBLICATION BY CODICIL

A
  1. Majority = only a valid will may republished

2. TN (minority) = some invalid wills may be republished

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8
Q

valid will republication

REPUBLICATION BY CODICIL

A

Only a valid will may be republished
= If the first document was not a valid will, the second document cannot be a codicil

(Majority view)

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9
Q

invalid will republication

REPUBLICATION BY CODICIL

A

Some invalid wills may be republished
= Properly attested codicil may cure defect in execution of underlying will itself (like only one subscribing witness)

(TN/minority view)

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10
Q

definition

CODICIL

A

= document that modifies, amends, or supplements another will

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11
Q

formalities

CODICIL

A

= Codicils must be executed with same formalities as will

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12
Q

doctrine

INCORPORATION BY REFERENCE

A

will is permitted to incorporate extrinsic writing that doesn’t accord with formalities for will AS LONG AS 3 requirements are met

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13
Q

3 requirements

INCORPORATION BY REFERENCE

A
  1. Writing that is being incorporated must exist at the time the will itself is executed (AKA cannot incorporate planned, future writing)
  2. Writing that is being incorporated must manifest testator’s intent to incorporate the writing
  3. Will must describe the writing sufficiently to permit a court to identify it
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14
Q

statutory extension of incorporation doctrine

INCORPORATION BY REFERENCE

A

= allows written statement or list to be

a. written before or after will is executed AND/OR
b. modified at any time

Enacted in UPC
Not enacted in TN

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15
Q

elements of statutory extension

INCORPORATION BY REFERENCE

A

Will refers to written statement or list

  1. that disposes of tangible personal properties other than money AND
  2. that is not otherwise specifically controlled in the will itself AND
  3. that is signed by testator AND
  4. that describes the property with reasonable certainty
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16
Q

doctrine under upc

ACTS OF INDEPENDENT SIGNIFICANCE

A

Acts having independent, lifetime motive may impact on the will as well
= Will may dispose of property by reference to acts/events
1. that have significance apart from their effect upon the dispositions made by the will
2. whether they occur
a. before or after the execution of the will OR
b. before or after the testator’s death

NOTE = execution or revocation of another individual’s will is such an event

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17
Q

application in tn

ACTS OF INDEPENDENT SIGNIFICANCE

A

Doctrine applied

  • to T’s codicil to refer to husband’s will, though husband’s will was not yet in existence when written and despite codicil not specifically naming beneficiaries thereunder
  • Where evidence showed T was estranged from family and wanted estate to go to whomever husband wished
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18
Q

test

ACTS OF INDEPENDENT SIGNIFICANCE

A

Do the acts of events have a lifetime motive and significance apart from their effect on this testator’s will

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19
Q

general rule

IS THE WILL A CONTRACT

A

= no

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20
Q

exceptions

IS THE WILL A CONTRACT

A
  1. Contract to make a will or bequest
  2. Contract not to revoke a will or bequest
  3. Contract to die intestate
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21
Q

upc/tn rule

IS THE WILL A CONTRACT

A

Any will contract (real or personal)
1. To make a will
2. Not to have a will
= can only be established in one of three ways

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22
Q

3 ways to establish a will contract

IS THE WILL A CONTRACT

A

FIRST = if material terms of the contract appear in the will itself

SECOND = terms of the contract appear in a second writing signed by decedent

THIRD = will refers to a contract + extrinsic evidence proving terms of the contract

(under UPC/TN rule)

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23
Q

existence of joint/mutual/reciprocal wills

IS THE WILL A CONTRACT

A

Mere existence mutual/reciprocal wills = does not imply/create presumption of contract to make/refrain from revoking a will

(under UPC/TN rule)

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24
Q

tn evidence to establish contract not to revoke will

IS THE WILL A CONTRACT

A

Must be clear and convincing

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25
Q

general inquiry

INTERPRETATION OF WILL

A

= how are the terms of a will construed?

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26
Q

general construction rules

INTERPRETATION OF WILL

A
  1. Implement T’s intent
  2. Plain meaning rule
  3. Reformation
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27
Q

plain meaning rule

INTERPRETATION OF WILL

A

rule = evidence not admissible to contradict plain language = no extrinsic evidence

exception = patent/latent ambiguities

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28
Q

definition

LATENT AMBIGUITY

A

= exists when the language of the will, although clear on its face, in describing a beneficiary or property, results in a misdescription when applied to the facts

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29
Q

exception

LATENT AMBIGUITY

A

= extrinsic evidence admissible to cure ambiguity

if extrinsic evidence fails to resolve the ambiguity, the gift fails

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30
Q

definition

PATENT AMBIGUITY

A

= exists when the uncertainty appears on the face of the will

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31
Q

common law rule

PATENT AMBIGUITY

A

No extrinsic (parol) evidence admissible to remove a patent ambiguity

TN VIEW

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32
Q

modern rule

PATENT AMBIGUITY

A

Extrinsic evidence admissible

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33
Q

tn latent/patent ambiguity exception

PLAIN MEANING RULE

A

Latent ambiguity = extrinsic evidence ADMISSIBLE to cure ambiguity

Patent ambiguity = extrinsic (parol) evidence INADMISSIBLE to remove a patent ambiguity

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34
Q

T’s will devises Blackacre “to my niece Nellie.” T has two nieces named Nellie.
TYPES OF AMBIGUITY

A

LATENT AMBIGUITY

= parol evidence is admissible to show which niece T intended to benefit

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35
Q

T’s will devises Blackacre “to my niece Nellie.” T has no niece named Nellie. He does, however, have a niece named Norrie and a cousin named Nellie.
TYPES OF AMBIGUITY

A

LATENT AMBIGUITY
= parol evidence is admissible to show whether T intended to make a gift to cousin Nellie or to niece Norrie
BUT if the evidence does not establish which one T had in mind, the gift fails

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36
Q

A devise of “Lot #6, Square #403,” which T did not own, could be shown by extrinsic evidence to pass Lot #3, Square #406, which T did own.
TYPES OF AMBIGUITY

A

LATENT AMBIGUITY

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37
Q

T’s will bequeathed her residuary estate “to Apollo Medical Center as a memorial to my late husband.” Apollo was acquired by another corporation, and the hospital’s name was changed to Humana Hospital. Thereafter, T executed a new will that repeated the gift to the Apollo Medical Center.
TYPES OF AMBIGUITY

A

LATENT AMBIGUITY
= evidence was admitted to show that T intended the gift for the hospital at which her husband was treated before his death, and that the name change did not defeat the gift

(“[T]he misnomer of a devisee will not cause the devise to fail where the identity of the devisee can be identified with certainty”)

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38
Q

T’s will bequeathed one-third of his business to A and B, but the will was unclear as to whether A and B were to receive one-third each or whether, instead, the one-third share was to be divided between A and B (giving them one-sixth each).
TYPES OF AMBIGUITY

A

PATENT AMBIGUITY

= TN would not allow extrinsic evidence to be admitted to cure the ambiguity

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39
Q

majority rule

REFORMATION

A

= reformation may not be used to fix mistakes in wills

BUT courts may disregard erroneous descriptive information

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40
Q

upc rule

REFORMATION

A

= a court may reform the terms of a will to conform to T’s intent
EVEN IF the will is unambiguous
AS LONG AS it is proven by clear and convincing evidence
1. that T’s intent and
2. the terms of the will
3. were affected by a mistake of fact or law
(whether in expression or inducement)

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41
Q

reformation in trusts

REFORMATION

A

= a court may reform terms of trust to conform to settlor’s intent
EVEN IF the will is unambiguous
AS LONG AS it is proven by clear and convincing evidence
1. What the settlor’s intention was AND
2. That the terms of the trusts were affected by a mistake of fact or law
(whether in expression or inducement)

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42
Q

purpose

SPECIAL CONSTRUCTION RULES

A

To deal with issues that arise during time gap between execution and time will takes effect at testator’s death
AKA stale will difficulties

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43
Q

key inquiry

SPECIAL CONSTRUCTION RULES

A

how do we construe the will in light of these post-execution, pre-death changes?

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44
Q

6 types

SPECIAL CONSTRUCTION RULES

A
  1. Lapse
  2. Ademption by extinction
  3. Ademption by satisfaction
  4. Exoneration
  5. Abatement
  6. Accretion
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45
Q

lapse

SPECIAL CONSTRUCTION RULES

A

= issue that arises when a beneficiary named in a will dies before the testator

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46
Q

common law rule

LAPSE

A

the beneficiary does not survive T= bequest fails

UNLESS otherwise provided in the will

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47
Q

3 requirements

ANTILAPSE STATUTE

A
  1. Lapsed bequest
  2. Specified degree of relationship between T and deceased beneficiary
  3. Surviving issue left by deceased beneficiary
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48
Q

rule

ANTILAPSE STATUTE

A

(a) If all 3 elements are satisfied = the deceased beneficiary’s issue are substituted (and take by representation) for the deceased beneficiary

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49
Q

application

ANTILAPSE STATUTE

A

= apply only when predeceasing beneficiary is a descendant of testator’s grandparents

  • Will not apply to someone who isn’t related to decedent at all
  • Will not apply in a gift to a will to a testator’s own spouse

NOTE = predeceased beneficiary does not get to pick

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50
Q

example

SURVIVOR REQUIREMENT

A

= “if she survives me”

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51
Q

does merely stating requirement that beneficiary survive affect whether the anti-lapse state applies or not?
SURVIVOR REQUIREMENT

A

Majority = yes, anti-lapse statute no longer applies
(gift to predeceased beneficiary will fall to the residue and pass as part of the residuary estate)

UPC = mere statement “if she survives me” does not prevent operation of anti-lapse statute

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52
Q

general rule

MISTAKE IN INDUCEMENT

A
  1. alleged mistake involves reasons that led T to make the will (or for making/not making a particular gift therein) AND
  2. mistake was not fraudulently induced
    = no relief is granted
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53
Q

rationale

MISTAKE IN INDUCEMENT

A
  • would open the door to fraudulent testimony b/c T is dead = cannot contradict the testimony
  • even if the alleged mistake were shown = would not establish T would have made different disposition knowing the true facts
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54
Q

exception

MISTAKE IN INDUCEMENT

A

= if mistake appears on face of will, relief will be granted

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55
Q

child mistakenly believed dead

MISTAKE IN INDUCEMENT

A

evidence is admissible to show that a testator’s child was omitted from the will because T mistakenly believed that child was dead

enacted in UPC (and several state statutes)

56
Q

3 types of mistake

MISTAKE

A
  1. Mistake in execution of will
  2. Mistake in inducement
  3. Mistake as to content of will
57
Q

2 situations

MISTAKE IN EXECUTION OF WILL

A
  1. Mistake as to nature of instrument

2. Wrong will signed

58
Q

mistake as to nature of the instrument

MISTAKE IN EXECUTION OF WILL

A

= mistake relates to the issue of whether the testator had the requisite testamentary intent, without which the will would be invalid

59
Q

admissibility of extrinsic evidence

MISTAKE AS TO NATURE OF THE INSTRUMENT

A

extrinsic evidence admissible to show that the testator was unaware of the nature of the instrument she signed

Example = she believed it to be a power of attorney

60
Q

wrong will signed

MISTAKE IN EXECUTION OF WILL

A

= cases where the testator has signed the wrong will

61
Q

whether relief should be granted

WRONG WILL SIGNED

A

Courts are split

62
Q

relief - traditional practice

WRONG WILL SIGNED

A

= courts denied relief on ground of testamentary intent b/c T did not intend to execute the document that he signed

63
Q

relief - modern view

WRONG WILL SIGNED

A

(better view)
= that the court should
- grant relief b/c both the existence and the nature
- by inserting corrected names/titles as appropriate

64
Q

basic principle

SCOPE OF THE WILL

A

will operates only on decedent’s probate estate

65
Q

probate estate

SCOPE OF THE WILL

A

= essentially assets titled in the testator’s name alone

66
Q 
class gift
SPECIAL SITUATIONS
A

= gift to more than one individual that intrinsically includes a right of survivorship

67
Q

described by group label

CLASS GIFTS

A

If a gift describes the beneficiaries only by a group label, a rebuttable presumption arises that the gift is a class gift

Example = children, nephew

68
Q

described by individual names

CLASS GIFTS

A

If a gift describes the beneficiaries only by name, the gift is not a class gift

Example = to A and B

69
Q

described by group label AND individual names

CLASS GIFTS

A

If a gift describes the beneficiaries by both a group label and individual names, a rebuttable presumption arises that the gift is not a class gift

Example = to my children, A and B

70
Q

rule

CLASS GIFTS

A

when there is a gift
to a group of persons generically described as a class
who are not relatives to testator
= anti-lapse statute doesn’t apply
AND some class member predeceases testator
= surviving class members take (shares re-divided among them)

71
Q

converse rule

CLASS GIFTS

A

when there is a gift
to a group of persons generically described as a class
who ARE relatives to testator
= anti-lapse statute DOES apply
AND some class member predeceases testator
= surviving class members take WITH issue of predeceased

72
Q

residuary estate issue

SPECIAL SITUATIONS

A

what happens if the lapse occurs IN THE RESIDUARY GIFT?

73
Q

residuary estate rule

SPECIAL SITUATIONS

A

If the residuary estate is devised to two or more persons
AND the gift to one of them FAILS for any reason
= then the surviving residuary devises take the entire residuary estate, in proportion to their interest in residue
If predeceased beneficiary was related to testator
= anti-lapse statute kicks in
= pre-dead beneficiary’s descendant takes

74
Q

resolving inconsistency between will provision and lapse/antilapse rules
RESIDUARY ESTATE RULE

A

If will creates alternative, it supersedes

AKA lapse and antilapse are merely default rules

75
Q

2 types of ademption

SPECIAL CONSTRUCTION RULES

A
  1. Ademption by extinction

2. Ademption by satisfaction

76
Q

limited application

ADEMPTION BY EXTINCTION

A

Applies ONLY with respect to SPECIFIC gifts

77
Q

purpose

ADEMPTION BY EXTINCTION

A

Answers Q of what happens if the subject matter of a specific gift is not owned by the testator at the time of death

78
Q

key issue

ADEMPTION BY EXTINCTION

A

= whether court should consider testator’s testamentary intent

79
Q

2 theories

ADEMPTION BY EXTINCTION

A
  1. Identity theory
  2. Intent theory
    (also modified theory)
80
Q

identity theory

ADEMPTION BY EXTINCTION

A

TN view
Majority/common law view

= if subject matter of specific gift is not in testator’s estate for any reason the gift to the beneficiary = adeemed AKA beneficiary takes nothing

(intent is irrelevant, immaterial, inadmissible)

81
Q

application

IDENTITY THEORY

A

applies any time specific gift is not in estate for any reasons

82
Q

3-prong test

IDENTITY THEORY

A
  1. Is this a specific bequest?
  2. If so, is the specifically devised property part of the testator’s probate estate?
  3. If not, ademption applies and the beneficiary receives nothing
83
Q

upc intent theory

ADEMPTION BY EXTINCTION

A

= testator’s intent matters

If there was evidence that testator didn’t want gift adeemed = court may substitute cash value for gift

84
Q

choices available

INTENT THEORY

A

Specific devisee named in a will has the right to any remaining specifically devised property
AS WELL AS ANY OF THE FOLLOWING
1. Balance of a purchase price
2. Condemnation award for the taking of the property
3. Fire or casualty insurances proceeds
4. Any tangible or personal property that decedent acquired as a replacement for the specific gift left to beneficiary in the will
5. Any property that the decedent acquired as the result of a foreclosure of the security interest on a specifically devised note
6. Stock that decedent acquired as part of a merger or consolidation IN EXCHANGE for the stock mentioned in the will

85
Q

balance of a purchase price

INTENT THEORY

A

= balance that is owed from a purchaser
ONLY WHEN a contract of sale is still executory at the testator’s death

example = testator dies before contract signed

86
Q

condemnation award for taking of property

INTENT THEORY

A

BUT ONLY to the extent that that award is unpaid at the time the testator dies

87
Q

fire/casualty proceeds

INTENT THEORY

A

BUT ONLY to the extent that those proceeds are unpaid at the time the testator dies

(similar to condemnation award)

88
Q

example of any tangible property D acquired as replacement for specific gift
INTENT THEORY

A

example = trade car in for newer car, substitute

89
Q

modified theory

ADEMPTION BY EXTINCTION

A

= incompetency rule

  • exception to strict application of the identity rule
  • focus is on whether, after removal of the property from the estate, the testator had the opportunity and voluntarily chose not to change her will
90
Q

(1) Factual scenario

MODIFIED THEORY

A
  1. Will executed before testator is declared incompetent
  2. during testator’s incapacity, gift is sold or condemned or paid to casualty loss for insurance proceeds relating to gift are receiving by conservatory
91
Q

remedy

MODIFIED THEORY

A

= gives specific devisee
- right to cash legacy
- equal in amount
- to net proceeds/condemnation award or insurance proceeds
- regardless of if proceeds have been collected before testator died
UNLESS testator’s incapacity is adjudicated to have ceased and testator survived adjudication by a year

92
Q

applies to

ADEMPTION BY SATISFACTION

A

General and (shared) residuary bequests

93
Q

upc general rule

ADEMPTION BY SATISFACTION

A

Property T gave in her lifetime to a person is treated as a satisfaction of a devise in whole or in part ONLY IF

a. the will provides for deduction of the gift OR
b. the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise OR
c. the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise

94
Q

upc partial satisfaction

ADEMPTION BY SATISFACTION

A

property given during lifetime is valued
a. as of the time the devisee came into possession or enjoyment of the property OR
b. at the testator’s death
whichever occurs FIRST

95
Q

upc decisee fails to survive testator

ADEMPTION BY SATISFACTION

A

= gift is treated as full/partial satisfaction as appropriate
UNLESS T’s contemporaneous writing provides otherwise

96
Q

tn general rule

ADEMPTION BY SATISFACTION

A

Satisfaction occurs ONLY IF there’s direct evidence this was T’s intent

97
Q

tn burden of proof

ADEMPTION BY SATISFACTION

A

Party asserting satisfaction has burden of proving T’s intent to satisfy bequest

98
Q

applies to

EXONERATION

A

Specific bequests ONLY

99
Q

upc rule

EXONERATION

A

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts

100
Q

tn rule

EXONERATION

A

= an heir or devisee is generally entitled to have encumbrances upon real estate paid by the estate’s personalty UNLESS the will directs otherwise in the devisee’ case

(common law doctrine)

101
Q

tn application

EXONERATION

A
  • applies to property passing by will

- does not apply to to property passing by right of survivorship

102
Q

applies to

ABATEMENT

A

ALL bequests

103
Q

upc default distribution

ABATEMENT

A
  • except as affected by spouse’s elective share
  • shares of distributees abate
  • w/o any preference or priority as btwn real/personal property
  • in the following order
    1. property not disposed of by the will
    2. residuary devises
    3. general devises
    4. specific devises
104
Q

2 upc treatments for general devise charged on any specific property/fund
ABATEMENT

A
  1. treated as specific devise

2. treated as general devise

105
Q

treated as specific devise

UPC ABATEMENT FOR GENERAL DEVISE CHARGED ON ANY SPECIFIC/PROPERTY FUND

A

to the extent of the value of the property on which it is charged

106
Q

treated as general devise

UPC ABATEMENT FOR GENERAL DEVISE CHARGED ON ANY SPECIFIC/PROPERTY FUND

A

upon the failure or insufficiency of the property on which it is charged
to the extent of the failure or insufficiency

107
Q

upc proportion

ABATEMENT

A

= in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will

108
Q

upc alternative order

ABATEMENT

A

IF EITHER
a. the will expresses an order of abatement OR
b. if the testamentary plan or the express/implied purpose of the devise would be defeated by default order
= the shares of the distributees abate as may be found necessary to give effect to the intention of the testator

109
Q

upc subject of preferred devise sold/used

ABATEMENT

A

= abatement shall be achieved by
a. appropriate adjustments in OR
b. contribution from
other interests in the remaining assets

110
Q

tn doctrine

ABATEMENT

A

when the estate is insufficient to satisfy estate debts and bequests, 3 rules apply
(in the absence of clear expression of T’s contrary intent)
1. the residuary beneficiary abates before the general
2. the general beneficiary abates before the specific and demonstrative
3. finally, the specific and demonstrative beneficiaries abate last

(common law doctrine)

111
Q

tn pro rata burden

ABATEMENT

A

each beneficiary bears a pro rata burden of the debt, unless T clearly expresses intent to prefer one bequest over another

112
Q

tn demonstrative bequest

ABATEMENT

A

= a pecuniary gift to be paid out of a specified fund.

113
Q

4 other tn rules

ABATEMENT

A
  1. The whole personal estate not specifically bequeathed must be exhausted before general legatees can be required to contribute anything out of their legacies
  2. General legacies must abate proportionally, in case of deficiency of assets, before the specific legatees can be called on to contribute
  3. Personal property passing by intestacy and personal property in the residuary estate abate before real property in the residuary estate
  4. Approval of the court to sell real estate is required
114
Q

applies to

ACCRETION

A

specific bequests ONLY

115
Q

key issue

ACCRETION

A

is the beneficiary of a specific gift of a set number of share of stock entitled to any additional share that are owned by the testator as a consequence of stock split or stock dividends?

AKA increase

116
Q

tn view

ACCRETION

A

= beneficiary’s rights depends on whether split or dividends

Stock split = beneficiary gets all the shares
Stock dividend = beneficiary is restricted only to original share

(common law doctrine)

117
Q

upc view

ACCRETION

A

= beneficiary gets all the shares
REGARDLESS of whether stock split or stock dividend

(majority view)

118
Q

effect of t purchasing more shares

ACCRETION

A

beneficiary has no right to them
= beneficiary only has potential right to accreted shares if testator paid no consideration (AKA consequence of stock split/dividend)

119
Q

tn view on stock splits

ACCRETION

A

= beneficiary gets all the shares

120
Q

upc view on stock splits

ACCRETION

A

= beneficiary gets all the shares

121
Q

tn view on stock dividends

ACCRETION

A

= beneficiary is restricted only to original share

122
Q

upc view on stock dividends

ACCRETION

A

= beneficiary gets all the shares

123
Q

4 types

GIFTS IN A WILL

A
  1. specific devise/bequest
  2. demonstrative legacy
  3. general legacy
  4. residuary bequest
124
Q

specific devise/bequest

GIFTS IN A WILL

A

= Gift of a specific asset and that asset only

125
Q

demonstrative legacy

GIFTS IN A WILL

A

=Gift of a specified pecuniary amount but with funding instruction

(Hybrid = like a general legacy but with with funding instruction)

126
Q

general legacy

GIFTS IN A WILL

A

= Gift of a specified pecuniary amount

127
Q

residuary bequest

GIFTS IN A WILL

A

All the rest of gifts

128
Q

example

SPECIFIC DEVISE/BEQUEST

A

2007 Cadillac to john

129
Q

example

GENERAL LEGACY

A

10K to Donna

130
Q

example

RESIDUARY BEQUEST

A

all the rest, residue, and remainder of my estate to my wife

131
Q

intestacy possibility

RESIDUARY BEQUEST

A

Possible that some property passes according to intestacy statute b/c of partial intestacy

FOR INSTANCE = all beneficiaries predecease and none are related = residue would be undisposed of, would drop out of will and pass according to state intestacy statute

132
Q

interpretation focus

GUIDELINES FOR AMBIGUOUS WILL

A

focus on T’s actual intent

133
Q

extrinsic evidence general rules

GUIDELINES FOR AMBIGUOUS WILL

A

Will clear = extrinsic evidence inadmissible

Will ambiguous = extrinsic evidence admissible

134
Q

5 rules of construction when no evidence of actual intent

RULES OF CONSTRUCTION

A
  1. Favor those who would take intestate
  2. Favor the construction that avoids intestacy
  3. Favor the construction that is consistent with the perceived “plan” of disposition
  4. Every portion of the will should be given effect if possible
  5. Between totally inconsistent clauses, the latter is most likely the final intent
135
Q

applicable law

EXAM INSTRUCTIONS

A
  1. wills = tn (compare to UTC)
    intestacy = tn (compare to UTC)
  2. trusts = UTC (or majority if UTC silent)
  3. non-probate transfers = majority
  4. powers of appointment = majority
  5. uniform prudent investment act = adopted by tn
  6. uniform principle and income act = adopted by tn
136
Q

distinction from advancement

ADEMPTION BY SATISFACTION

A

advancement = intestacy

ademption by satisfaction = wills

Wills & Thrills (12 decks)

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