Wills 11-20 Flashcards
How may a testator revoke a will?
By executing a subsequentvalid will or codicil.
Priority: HIGH
What is the Dependent Relative Revocation Doctrine, and when does it apply?
It cancels a previous revocation that was made under a mistaken belief of law or fact by the testator.
The doctrine applies when the testator would not have revoked his original will but for the mistaken belief that another will would be valid.
Priority: Medium
Revival of Revoked Wills
By Physical Act
vs.
Subsequent Instrument
Physical Act: Will be revived if a testator shows intent for its revival.
Subsequent Instrument: Revived if the testator republishes the will by a subsequent will or codicil that complies with the will execution formalities.
Priority: Medium
How may a testator make a partial revocation of a will?
By lining through or crossing out a portion of it. However, they cannot increase a gift in a will by partial cancellation.
*Partial revocation of a holographic will is done through interlineation (writing between the lines).
Priority: Low
How is an estate divided using
Per Capita by Representation Distribution?
It’s divided into as many equal shares as there are:
Surviving descendants in the generation nearest to the decedent; AND
Deceased descendants in the same generation who left surviving descendants (if any).
Each surviving descendant in the nearest generation is allocated one share. The remaining shares of each deceased member of that generation are divided in the same manner among the then living issue.
Priority: Medium
How is an estate divided using
Per Stirpes Distribution?
The estate is divided equally among beneficiaries.
If the beneficiary predeceased the testator: Their share passes to any surviving descendants (divided equally among them), if no descendants then the share goes to the other beneficiaries equally.
Priority: Low
What is an Anti-Lapse Statute, and when does it apply?
A gift will NOT lapse (return to the residuary estate to be distributed under intestate succession rules) but instead pass to the deceased beneficiary’s issue.
Applies only if the deceased beneficiary:
Was related by blood to the testator;
Was survived by issue; AND
There is no contrary intent.
Priority: Medium
When does a specific gift fail by extinction?
(Ademption)
If the testator DOES NOT own it at the time of death. Occurs if they make a specific gift, but the property is later destroyed or sold before their death (does not apply to general or demonstrative gifts).
*In CA, a specific gift is adeemed only if the testator intended the gift to fail.
Priority: Medium
What are the 4 exceptionswhen property will NOT be adeemed?
When stock is changed to another form of stock (i.e. merger);
When the executor sellsthe property;
When the testator receives condemnation proceedings and there is no issue of traceability; and
If the specific gift is destroyed, the beneficiary is entitled to unpaid insurance/recovery for injury to the property.
Priority: Medium
What is Abatement?
What is the Abatement order?
The process of reducing gifts when assets are insufficient to cover debts, expenses, and gifts.
A testator’s property abates as follows:
Residuary gifts
General gifts
Specific gifts
Priority: Medium
