Wills

Question 1

Intestate share

Answer 1

1. Spouse takes one third or one half
2. Majority rule- per capita with representation
3. Classic eerule- per stirpes
4. Classic rule- per capita at each generational level

A. Spouse
B. Descendants
C. Parents
D. Siblings 
E. Grandparents on each side and their descendants
F. Nearest kin on each side
G. State

Question 2

Uniform simultaneous death act

Answer 2

Original- as if each had survived other

Revised: 120 hour rule

Question 3

Will requisites

Answer 3

1. Present Testamentary intent
2. Testamentary capacity
3. Properly executed
   A. Signed
   B. Two witnesses
   C. In witness presence
   D. Witnesses sign in testators presence

Question 4

Holographic wills

Answer 4

1. Handwritten

Question 5

Codicil

Answer 5

1. Modifies existing will
2. Executed with same formalities
3. Date of execution is as of last codicil

Changes ineffective unless reexecuted

Question 6

Incorporation by reference

Answer 6

1. Document in existence at time of execution
2. Sufficiently described in will
3. Will manifests intent to incorporate

Question 7

Revocation

Answer 7

1. By law
2. By subsequent instrument
   A. Two read together if not express revocation only to inconsistent provisions
3. By physical act
   Burning tearing -

Partial revocation ok- extrinsic evidence allowed

Question 8

Classification of testamentary gifts

Answer 8

1. Specific devise or legacy
2. General legacy
3. Demonstrative legacy
4. Residuary estate

Question 9

Ademption

Answer 9

1. Only specific devises and bequests

2. Partial ademption

Question 10

Grounds for contest

Answer 10

1. Defective execution
2. Revocation
3. Lack of testamentary capacity
4. Lack of testamentary intent
5. Undue influence
6. Fraud
7. Mistake

Question 11

Undue influence

Answer 11

1. Influence exerted
2. Effect of influence was to overpower the mind and free will
3. Disposition would not have been executed but for influence

Question 12

Presumption of undue influence

Answer 12

1. Confidential relationship
2. Beneficiary was active in procuring will
3. Unnatural disposition

Question 13

Creditors claims/ order of payment

Answer 13

1. Administration expenses
2. Funeral expenses
3. Family allowances
4. Debts given preference under law
5. Secured claims
6. Judgment entered against decedent during lifetime
7. Other claims

Question 14

Abatement

Answer 14

1. Intestacy property
2. Residuary estate
3. General legacies
4. Specific bequests and devises

Question 15

When will ambiguous

Answer 15

Extrinsic evidence allowed to explain provision

Rules of construction:
A. Favor intestate takers
B. Favor construction that avoids intestacy
C. Favor construction that is consistent with plan
D. Every portion of will should be given effect
E. Between inconsistent clauses favor latter.