Wills Flashcards
Who is a deceedant?
A person who dies
What is a will
A device for conveying property
Who is a spouse?
Legaly maried or registered partner.
What does a spouse get in intestate succession?
Spouse gets decedent’s half (plus their own CP) of community property. Plus:
If only the spouse, they get all (SP)
Spouse plus 1 descendant Spouse gets half of SP
Spouse plus 2 or more descendants, Spouse gets 1/3 SP
What happens if a decedent dies intestate with no heirs?
The property goes tot he goverment
What is per capita devision?
If all parties are at the same generation, each gets an equal share.
What is a per capita with representation?
The estate is divided equally at the first generation with a survivor. Then the issue can stand in for a parent and divide among parents’ issues.
How can you dienherit your kids?
Only by will
What is required for a valid Will
(1) Signed writing, (2) At least Witnesses, (3) Testamentary intent.
What is required for a witness to sign or acknowledge a will?
A witness must sign before the testator dies; presence is conscious presence, and the witness must be aware the act is being performed.
What is the harmless error rule?
A will may be admitted if there is clear and convincing evidence that the decedent intended to make a will. Substantial compliance is enough.
Does not apply to the signature of the testator
What is a holographic will?
A handwritten will. It must be signed, but witnesses are not required. Material provisions must be in the testator’s handwriting.
What is a codicil
A supplement to a will. Must comply will all formalities as a will (signed, witnessed, intent). A holographic codicil is a thing.
What avoids probate?
Joint Tenancy, poor over will, Payable on death clause, revocable trust, deed
3 ways to revoke a will
Subsequent insturment, physical act, operation of law
What is a residuary gift?
A gift of everything else
What is required to revokeby physical act?
An intent that the will be revoked, must destroy material portions
What about a lost will?
A rebuttable presumption that the will was destroyed. A duplicate original is admissible; a copy is not.
What happens to a codicil if will revoked?
Its revoked
Does California recognise revival?
No, if a will is revoked, an earlier will is not automatically revived.
What is dependant relative revocation?
If a person revoces for a specific reason that was a mistake, it may be possible to revive the revoked will.
Rules for interpreting wills?
Plain meaning, four corners of the document, incorporation by reference,