Will - Execution

Question 1

Gift Lapse

Answer 1

Beneficiary dies before testator:
* Would normally go to residuary estate or pass by intestacy
* Most states have anti-lapse statutes

California Anti-Lapse Statute
* If predeceasing beneficiary was blood relative to testator, then the beneficiary’s children will take his gift, per capita with representation

Question 2

Specific/General/Demonstrative Legacy/Devise

Ademption

Answer 2

Specific legacy: a specific gift of particular property
* Can be revoked by ademption if testator no longer has the particular property when he dies
* CA: gift redeems only if testator intended to adeem gift when he disposed of it; otherwise, since CA doesn’t like ademption, court will classify it as general or demonstrative

General legacy: gift of general economic benefit paid from estate’s assets

Demonstrative legacy: paid first from particular property, but if unavailable, from estate’s assets

If devisee/legatee dies before testator, gift lapses and goes into residuary estate. If no residuary estate, passes by intestacy.

Devise: gift of real property
Legacy: gift of personal property

Question 3

Simultaneous Death

Answer 3

If testator/beneficiary die around same time, must prove by clear and convincing evidence that one survived the other.
* If it can’t be established, property of each person dealt with as if he survived the other