Will Shortlist (Flemmings) Flashcards
Memorize Elements To Main Issues
What is general approach (outside) to wills?
VCR DD
or
VALID, CONSIST OF, Revocation, DRR, Distribute
Think of young generation Z kid, asking his lawyer how to play his grandfathers, video will…. Use the “VCR…. Dumb Dumb!”
What is the second layer within the approach to Wills?
VCR DD
Valid - Intent, Capacity, Formalities
Consist of - Incorporation by Reference, Integration, Acts of Independent Significance
Revocation - Subsequent Will, Physical Act, Operation of Law
Dependent Relative Revocation - (i) Mistaken Belief (ii) Prior Revoked WIll is Revived
Distribute - Classify Gift, Ademption, Abatement, Laspe, Anti-Lapse
What is Testamentary Intent?
Unequivocal intent to dispose of property upon death
Testamentary intent is crucial in validating a will’s legitimacy.
What is Testamentary Capacity?
Must be of sound mind and at least 18 years old
Testamentary capacity ensures the testator understands the implications of their decisions.
What are the testable issues regarding wills?
- Fraud
- Incapacity
- Undue Influence
- Mistake
These issues can challenge the validity of a will.
Define Fraud in the context of wills.
Willful deceit…detrimental reliance… at execution or inducement
Fraud can invalidate a will if proven.
What does Incapacity entail for a testator?
Must know and understand:
* Nature/extent of bounty
* Persons who are natural object of bounty
* Nature of disposition
Incapacity affects the testator’s ability to create a valid will.
What is Undue Influence?
Destroys free agency of testator; involves:
* Susceptibility
* Opportunity
* Disposition
* Unnatural
Undue influence can lead to a will being contested.
What constitutes a Mistake in the context of wills?
Mistake in the execution or inducement (fraud?) is on face of will
Mistakes can render a will invalid if significant.
What are the Legal Formalities for a will?
Writing, signed, attested… CA - Clear and Convincing Standard
Legal formalities ensure that the will is executed properly.
What is Attestation?
Two persons, present at signing, understand will, sign (prior T dies)
Attestation is essential for validating a will.
What defines a Competent Witness?
At time of execution must be competent
Competent witnesses are critical to ensure the will is legally binding.
What does Clear and Convincing mean in the context of wills?
Proponent shows Clear and Convincing Evidence that will is testator’s intent
This standard is used in will contests.
What is a Holographic Will?
Material portions are in writing, and must be signed
Holographic wills can be valid without formal witnessing.
What must Contracts Make a Will meet?
General K standards
Contracts related to wills must adhere to standard contract law.
What is a Codicil?
Amendment to prior will… must satisfy legal formalities… republishers will
Codicils allow for changes to existing wills.
Define Incorporation By Reference.
Document in existence at time, identified in will, is incorporated
This allows for additional documents to be part of the will.
What is Integration in terms of a will?
A will written on more than one piece of paper… “has physical connection”
Integration ensures that all parts of a will are treated as a single document.
What are Acts of Independent Significance?
A will references acts that have significance in will
This concept allows for certain actions to impact the will’s distribution.
What are the methods of Revocation of a will?
- Subsequent Will
- Physical Act
- Operation of Law
- Dependent Relative Revocation
Revocation can occur through these various means.
What does a Subsequent Will do?
Revoke Whole or Part of will by Express Terms
A new will can invalidate the previous one.
What constitutes a Physical Act of revocation?
Destruction of will or Terms, with Simultaneous Intent to Revoke
Physical acts must demonstrate clear intent to revoke.
What is meant by Operation of Law?
Revocation occurs due to:
* Marriage
* Children
* Divorce
Certain life events can automatically revoke a will.
What is an Omitted Spouse?
Intent? Provided for outside of will?, Contract to waive rights?
This addresses the rights of spouses not mentioned in a will.
What is an Omitted Child?
Intent? Subst. all Estate to Parent? Outside of Will? (Adopted?)
Omitted children may have claims against the estate.
What happens upon Divorce concerning a will?
Automatic revocation of will
Divorce can lead to significant changes in estate planning.
What is Dependent Relative Revocation?
Mistaken belief…Prior revoked will is Revived…
This concept allows for potential revival of a previously revoked will.
What does Revival allow?
Allows a revoked will to be probated because the revoking was itself revoked
Revival can restore a will that was previously invalidated.
What are the classifications of gifts in a will?
- Special (specific)
- General ($)
- Demonstrative (acct $)
- Residual
Classifications help define how gifts are distributed.
What is Ademption?
Property in will is no longer in existence… Usually to residuary
Ademption impacts how gifts are distributed based on property availability.
What is Abatement?
Reduce gift because testator’s estate is insufficient to pay estate obligations
Abatement prioritizes debts over gifts in an estate.
What is Lapse?
When devise/legatee dies after execution of will, the gift falls to residue
Lapse can affect distribution if beneficiaries predecease the testator.
What does the Anti-Lapse Statute do?
The predeceased descendants will prevent lapse
This statute helps ensure that gifts are not lost due to the death of a beneficiary.
