Wills Flashcards
Incorporation by reference
To incorporate a document by reference: (i) document must be in existence at the time the will was executed, (ii) the language of the will must sufficiently describe the writing to permit its identification, and (iii) the will must manifest an intention to incorporate the document
Rules for stock bequests
Common law: A specific bequest of stock includes any additional shares produced by a stock split but not those produced by a stock dividends
UPC and state statutes: A specific bequest of stock includes stock dividends
Undue influence
Contestants must show:
- Influence exerted on the testator
- The effect of the influence was to overpower the mind and free will of the testator, and
- The product of the influence was a will that would not have been executed but for the influence
- Will is void in whole if its execution was procured by undue influence
- If only part of the will was so procured, only that part is void
Presumption of undue influence
Arises when:
- A confidential relationship existed between testator and beneficiary who was alleged to have exercised undue influence,
- The beneficiary participated in procuring or drafting the will, and
- The provisions of the will appear to be unnatural and favor the person who alleged exercised undue influence
Per capita with representation
Property divided into equal shares at the first generational level at which there are living takers, with the shares of each deceased person at that level passing to his issue by right of representation. Majority rule.
Per capita at each generational level
Shares of all deceased persons in a generation are combined and split equally among takers at next level.
Strict per stirpes
One share passes to each child of the decedent, regardless of whether there are living takers at that level. If the child is deceased, that child’s share passes to his descendants by representation.
