Wills

Question 1

A will may be revoked by

Answer 1

operation of law, a subsequent instrument, or by physical act.

Question 2

To revoke a will by written instrument

Answer 2

same formalities required as the execution of a will.

Question 3

Holographic Will

Answer 3

in testator’s handwriting and signed. (material parts in handwriting).

Question 4

Revocation of a will by a physical act

Answer 4

generally burning, tearing, obliterating, or canceling.

UPC - note on back of will may be sufficient.

Question 5

2 beneficiaries witnessing
permitted?

Answer 5

at common law, not valid. modern law allows it.

Question 6

Contract to make gift

Answer 6

At common law, need not be in writing unless land is involved.

UPC - a contract to make a will is established only by (i) the will stating the material provisions of the contract; (ii) an express reference in a will to the contract and extrinsic evidence; and (iii) a writing signed by the decedent evidencing the contract.

Question 7

Cy pres

Answer 7

If the testator had a general charitible intent and it is impossible or impractical to use the gift for the purpose indicated, the doctrine of cy pres allows the court to apply the property to another purpose as close as possible to the original one, rather than permit the gift to fail and become a resulting trust.

Question 8

Per Stripes

Answer 8

CL Minority

divide estate into shares at first gen below decedent.

Question 9

Per capita w/ representation distribution

Answer 9

1st gen with surviving members. Share of deceased person at level passes to issue.

Question 10

Per capita at each generation

Answer 10

divide estate into shares at first generation with survivors
- pool shares of lower generation so each person receives equal.

Question 11

Disclaimer requirements

Answer 11

• writing
• signed by person disclaiming
• acknowledged in front of notary
• timely files
  modern view: can disclaim at any time as long as no acceptance or use of benefits from gift.

Question 12

Requirements of will validity

Answer 12

legal capacity
testamentary capacity
testamentary intent
fomalities (in writing, signed by testator or proxy, 2 witnesses)

Question 13

Testamentary capacity

Answer 13

understand what testator is doing
understand effect od what testator is doing
understand nature and extent of property
recognize natural objects of testator’s bounty.
(all of above at same time)

Question 14

Ademption

Answer 14

gift fails bcc property is no longer in testators estate.

Question 15

abatement

Answer 15

process of reducing gifts when estate property is inadequate to satisfy gifts and debts.

Question 16

lapse

Answer 16

gift fails because beneficiary fails to survive testator is legally treated as such.

Question 17

Codicil

Answer 17

amendment to existing will