Wills Flashcards

1
Q

What do most states require for valid will execution?

A

Most states require that the will be signed by the testator and by two witnesses who must sign in the testator’s presence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a holographic will?

A

A holographic will is a will that is all or mostly in the testator’s handwriting and signed by the testator.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Republication by Codicil

A

A will is treated as having been executed (republished) on the date of the last validly executed codicil. The will must have been validly executed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Incorporation by Reference

A

A document that is not present when a will is executed may be incorporated into the will by reference so that it is considered part of the will.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is needed to incorporate a document by reference?

A
  1. The document must be in existence at the time the will was executed;
  2. The language of the will must sufficiently describe the writing to permit its identification; and
  3. The will must manifest an intention to incorporate the document.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Slayer Statute

A

One who feloniously and intentionally brings about the death of the decedent forfeits any interest in the decedent’s estate. The property passes as though the killer predeceased the decedent.

(Note: Does not bar someone from taking a share of an estate because they killed another person, even if that person is the source of the decedent’s property.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Ademption

A

When specifically bequeathed property is not in the testator’s estate at death, the bequest fails.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Identity theory of ademption

A

Most courts apply the identity theory of ademption, which uses an objective test: the testator’s intent is irrelevant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Specific bequest of stock shares

A

Common Law: A specific bequest of stock includes any additional shares produced by a stock split but not those produced by a stock dividend.

UPC: A specific bequest of stock includes stock dividends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly