Wills

Question 1

Lapse

Answer 1

At common law, if a beneficiary died before the testator or before the time proscribed in the will, the gift lapsed into the residuary.

Question 2

Anti-lapse

Answer 2

However, in California if the gift is made to someone who is kin to the testator or kin to the testator’s current or former spouse, but the beneficiary predeceases the testator and leaves issue, the issue take the gift.

Question 3

Omitted spouse

Answer 3

one who is omitted from a premarital will.

Question 4

Such omitted spouse will receive his/her intestate share unless the omission was

Answer 4

intentional as shown in the will, the deceased spouse provided for transfer outside of the will, or he/she made a valid agreement waiving any right to share in the decedent’s estate.

Question 5

Ommitted spouse full definition

Answer 5

An omitted spouse is one who is omitted from a premarital will. Such spouse will receive his/her intestate share unless the omission was intentional as shown in the will, the deceased spouse provided for transfer outside of the will, or he/she made a valid agreement waiving any right to share in the decedent’s estate.

Question 6

Intestate share

Answer 6

An omitted spouse is entitled to all of the decedent’s CP that was not disposed of by a will or trust and all of the decedent’s SP if there are no surviving lineal descendants, parents, or issue of parents

Question 7

What if there is a surviving lineal descendant, parents, or issue of parents for an intestate share

Answer 7

one-half of the SP if survived by one lineal descendant or by a parent or issue of a parent; or one-third of the SP if survived by more than one lineal descendent.

Question 8

General gift

Answer 8

A general gift is a transfer to be satisfied from the general assets of the estate.

Question 9

Codicill

Answer 9

a testamentary instrument modifying an earlier will, and to be valid it must be executed with the same formalities as a will. A valid codicil effectively republishes the will on the date of the codicil.

Question 10

A pretermitted child

Answer 10

A pretermitted child is one who is born or adopted after the execution of the will.

Question 11

. As a pretermitted child, he/she will receive his/her intestate share unless

Answer 11

the omission was intentional as shown on the face of the will, the testator had other children and left the bulk of the estate to the parent of the pretermitted child, or the testator provided for the child by transfer outside of the will

Question 12

Intestate share in California

Answer 12

if surviving issue are all of equal degree of kinship, then the property passes per capita.

Question 13

Per Capita Method

Answer 13

divides the property equally among the issue. If they are of unequal degree of kinship, and the decedent dies intestate or does not specify the method of calculating shares, then the per capita with representation method is used