Wills Flashcards
Wills for MEE
1
Q
What laws on wills apply in dealing with (1) real property and (2) personal property?
A
- Law of the state where property is located
- Law of the state where testator was domiciled at the time of their death
2
Q
Savings statutes
A
Most states have savings statutes to save a will as to whether it is valid
* Wills are still interpreted according to the appropriate laws
Will is valid if it complies with either
* Local law
* Law where it was executed
* Law of decedent’s domicile at death
* Law of decedent’s domicile at time of will’s execution
3
Q
Requirements for will to be held valid
A
- Legal capacity
- Testamentary capacity
- Testamentary intent
- Statutory formalities (depend on type of will)
4
Q
Legal capacity
A
Must be at least 18 years old and of sound mind
5
Q
Testamentary intent
A
At the time of execution, Testator intends that this particular document will be their will
Can be overcome by:
* Undue Influence
* Fraud
* Mistake
6
Q
Testamentary capacity
A
Testator has ability to understand the:
* Nature of their act (executing a will)
* Understand effect of what they are doing (this is passing my property to X)
* Nature and extent of their property (general idea of what property they own)
* Persons who are natural objects of their bounty (family members)
* Be able to do all of the above simultaneously in an orderly scheme
7
Q
Testamentary capacity when testator has been adjudicated insane or incompetent
A
If adjudicated insane or incompetent, there is a rebuttable presumption that the testator lacked testamentary capacity = just have to show executed will during “lucid interval”
8
Q
Attested will
A
An attested will must be:
- In writing
- Signed by testator or by someone in Testator’s presence who testator directs to do so (proxy)
- Two attesting witnesses in the presence of whom the testator signs the will or acknowledges the signature
- Signature of the witnesses in the testator’s conscious presence
9
Q
Signature of testator in attested will
A
Any mark made by testator w/ intent that mark be their signature is sufficient
If testator is using a proxy, proxy may sign their own name as long as signature is at the direction and in the presence of the testator
10
Q
Can a beneficiary also be a witness to an attested will?
A
Yes, modern trend is that just b/c witness is receiving gift from the will does not mean they cannot be a witness
11
Q
Attestation clause
A
Recites elements of execution and is prima facie evidence of proper execution of the will, but is not required
12
Q
Self-proving affidavit
A
Testator and witnesses swear in affidavit to the things they would swear to in probate proceeding
-Acts like deposition to avoid need to call witnesses who may not remember or will be dead by the time of probate proceeding
*Not required, but expedites process later
13
Q
Holographic will
A
- Testator handwrites their will
- Testator must sign will
- No attesting witnesses
Varies by state:
-Amount of handwriting required (majority require entire will to be handwritten)
-Whether need witnesses to be valid
14
Q
Oral wills
A
Abolished in most states
15
Q
Handwritten changes to attested wills made after execution
A
Changes in beneficiaries, amounts, interlineations, etc. made after execution of attested will are not usually given effect (may even revoke will)
But if changes are handwritten and the jurisdiction recognizes holographic wills, the changes may be accepted as a valid holographic codicil
16
Q
Interpretation of ambiguity in will
A
Patent ambiguity: ambiguous on its face, fails to convey sensible meaning
* Look to extrinsic evidence
* If ambiguity is something left blank = court will not fill in
Latent ambiguity: language makes sense, but cannot be carried out w/out further clarification (ex. “to my sister X,” but sister’s name is Y)
* Look to extrinsic evidence
Mistake: language makes sense and can do exactly what is stated, but party claims it was a mistake
* Traditional approach = plain meaning rule (do what it says)
* Modern rule = use extrinsic evidence to alter plain meaning (need clear and convincing evidence to show this was testator’s real intent)
17
Q
Incorporation by reference
A
Testator incorporates an extraneous existing document into the will by reference
* Testator must have intent to incorporate writing
* Writing existed at time of will’s execution
* Writing must be clearly identified to know what is being incorporated
* Writing could have lacked witnesses, not been signed, be made under undue influences (doesn’t matter)
18
Q
Acts or facts of independent significance to the will
A
If the gifts are general and need specification as to what is entailed in the gift, courts can look outside of the will to see what is included
Ex.
* Gifts to “my children” w/out specifying who the children are
* Gift of “contents of X box” w/out specifying what is in the box = whatever is in the box at time of death
19
Q
Conditional wills
A
Will that operates only if certain event occurs or does not occur = ineffective
* If possible, courts will interpret as a general will (not conditional)
20
Q
Codicil
A
Amendment to an existing will
* Codicils must be executed w/ same formalities required of the will
* Will and codicil are treated as one document and examine changes in circumstances using the date of the last codicil (rather than the will or earlier codicils)
* If will is ineffective, codicil can incorporate the will to make it effective (proof of codicil = proof of will)
*To change a will, the changed will must either be re-executed or republished by codicil
21
Q
Pour-over gift to inter vivos trust
A
Provision in will that leaves property to inter vivos trust
* Trust can be created before or after testator executes will as long as trust exists at time of testator’s death
* Trust does not need to be previously funded (poured-over property can be the initial funding for that trust)
22
Q
Integration
A
Must be able to show that all pages present at time of will execution are same as pages present at time of probate as a unified document
(Ex. Staple pages together, sentences flow from page to page, same type of paper, same font styles, etc.)
23
Q
Joint will
A
Single testamentary document contains wills of two or more people (usually married couple)
* Bad practice!
24
Q
Reciprocal or mutual wills
A
Separate wills w/ parallel dispositive provisions (usually in families where spouse leaves to other spouse, but if other spouse is dead, to kids and same in other spouse’s will)
25
Contractual will
Will executed or not revoked is the consideration for a contract
* Contract to make, not to make, or not to revoke a will is valid
* Contract must be in writing under modern law
* Can be revoked by agreement if both parties are alive (irrevocable upon first testator's death)
* If both parties are alive and one party breaches the contract = no remedy b/c other party can just change their will in response
* If one party dies in compliance w/ agreement and other party revokes their will = no relief will be granted to beneficiaries
* If one party dies in compliance and the other party revokes their will and attempts to dispose of the property covered in a new agreement = the new will may be valid but it is a breach and injured beneficiaries under contract can sue to impose constructive trust on the property they should have received
26
Power of appointment
Owner of property (donor) transfers to donee the power to appoint the new owner of the property
* Not a duty to appoint (can not do it)
* If donee does not appoint a new owner = either goes to default takers named in the will or reverts back to donor
1. General power: can appoint to self or creditors
2. Special power: cannot appoint to self or creditors, but only to limited class of people (ex. children, grandchildren, etc.)
Depending on how power was originally created
1. Presently exercisable power = exercisable during donee's lifetime
2. Testamentary power = exercisable only by donee's will
27
If a person is given power of appointment, but they did not exercise it during their lifetime nor put it in their will, but their will includes a residual clause, is this power of appointment property that passes under the residual clause?
Varies by state
28
Methods of revoking a will
1. Revocation by operation of law
2. Revocation by physical act
3. Revocation by writing
29
Revocation of will by operation of law: marriage
* Most states: marriage has no effect on prior will
* Some states and UPC: marriage gives spouse intestate share unless
--will provides for spouse;
--omission was intentional; or
--testator executed will in contemplation of marriage
30
Revocation of will by operation of law: divorce
* All provisions in favor of ex-spouse are void
* Divorce must be final (not pending)
* If re-marry, no longer void
* Property passes as if ex-spouse predeceased testator
UPC
* Divorce revokes gifts not only to former spouse, but also to relatives of former spouse (ex. ex-spouse's children)
* Majority of states do not follow this (relatives get their gifts)
31
Revocation of will by physical act
Must have:
1. Intent to revoke (if mistakenly destroys will = not revoked)
2. Mental capacity (must be of sound mind, if under duress = not revoked)
3. Physical act (burning, tearing, ripping, writing "void" across it, etc.)
* Proxy revocation (getting someone else to destroy) is allowed if done by testator's request and in testator's presence
32
Partial revocations of will by physical act
If testator physically destroys part of a will (crosses out, writes in changed terms, signs amendment), states vary as to whether allowed
33
Revocation by writing: subsequent codicil or will
* Will or codicil must meet formal requirements
* Revocation can be express ("I hereby revoke all prior wills and codicils")
* If new will completely disposes of testator's property = old will is completely revoked by inconsistency
* If new will partially disposes of testator's property = old will is only revoked as to inconsistent parts
34
Presumptions as to revocations
Person who wants to prove a will is valid has the burden of proving that the testator did not revoke it
* If will is found in location expect will to be found in and no suspicious circumstances = presumption that will was not revoked
* If will was in testator's possession or control but cannot be produced after testator's death = presumption that testator destroyed will = will was revoked (but can be rebutted by proving lost will)
35
Lost or destroyed wills
If cannot produce original will but have sufficient evidence to show why = can rebut presumption that lost will means it was revoked
Must prove:
* Valid execution of will
* Cause of non-production (proof it was not revoked)
* Contents of the will
36
Situation that indicates revival of will
If testator
1. Executes valid will 1
2. Executes valid will 2, thereby expressly revoking will 1
3. Validly revokes will 2
4. Does will 1 revive?
37
Methods of reviving will
UPC approach: look for evidence of testator's intent
Automatic revival approach: some states say will 2 was revoked and therefore took effect to revive will 1
No revival approach: by executing will 2, will 1 is immediately revoked and property is passed through intestacy
38
Conditional revocation
1. Express conditional revocation: "will is revoked only if X happens"
2. Implied conditional revocation: **doctrine of dependent relative revocation** applies in the following scenario:
`->` Testator executes will 1
`->` Testator validly revokes will 1
`->` Testator executes will 2, but will 2 is invalid
`->` Does will 1 remain?
Doctrine of dependent relative revocation assumes that will 1's revocation was impliedly conditioned on validity of will 2 (if testator knew will 2 was invalid, testator wouldn't have revoked will 1)
* If provisions b/w will 1 and will 2 were more similar = more likely to apply doctrine and if more different = less likely
39
UPC's harmless error statute
UPC's harmless error statute that applies in execution of will also applies in revocation or alteration of wills
* If clear and convincing evidence that decedent intended to revoke = revoked
40
Spouse's elective share
Surviving spouse has a right to a portion of the deceased spouse's estate regardless of what the will says for public policy reasons
* Amount given varies by state
--Percentage depending on number of children, length of marriage, etc.
--May take from augmented estate, such as life insurance proceeds not payable to surviving spouse, etc.
Spouse must file notice of election w/in 6 months of death to claim portion of estate
41
Pretermitted or omitted child
Presume the testator would intend to provide for their kids if they knew they were going to have kids
* Applies to children born or adopted after will execution
* Amount given varies by states
Pretermitted child does **not** receive share if:
* Entire estate is left to pretermitted child's other parent
* Appears from will that omission was intentional
* Pretermitted was provided for outside of the will (ex. beneficiary of life insurance policy, etc.)
42
Additional protections possibly given to minor child or surviving spouse
Protect the family from claims from creditors in regards to certain things:
* Homestead: family's residence
* Family allowance: money given to be able to survive after death of spouse (amount varies by state)
* Exempt personal property: tangible personal items (furniture, automobiles, etc.)
43
Grounds for contesting wills
1. Does not meet requirements for valid will (invalid execution)
2. Revocation
3. Lack of testamentary capacity
4. Lack of testamentary intent
5. Lack of legal capacity
6. Undue influence or duress
7. Fraud
8. Mistake
44
Standing to contest will
Those whose interests would be adversely affected by the admission of the will have standing to contest it
* Heirs
*Beneficiaries of prior wills
45
Contesting a will: insane delusion
Persistent belief in facts that are against all evidence
* Must show that insane delusion impacted the property allocation scheme to be grounds for will contest
Ex. Leave all property to spouse b/c believe X has been taken over by aliens = nothing weird about allocation and not allowed to contest, but if testator changes will to give everything to Y after seeing spouse and believing spouse is an alien = can contest new will
46
Contesting a will: undue influence
Must prove:
1. Influence existed and was exerted on testator
2. Influence overpowered testator's mind and free will
3. Influence caused testator to execute will w/ different terms than testator otherwise would
Evidence to prove elements (series of circumstantial evidence):
* Unnatural disposition or character
* Opportunity to exert undue influence
* Confidential or fiduciary relationship
* Ability of testator to resist (subjectively)
* Beneficiary's involvement in drafting will
47
Contesting a will: when is there a presumption of undue influence?
Attorney drafts will and is beneficiary in will (unless attorney is closely related to the testator)
48
Contesting a will: duress
Type of undue influence that involves more violent conduct (ex. gun to head)
49
Contesting a will: fraud
Must prove:
* False representation made to testator
* Knowledge of falsity by person making statement
* Testator reasonably believed statement
* Statement caused testator to execute will testator would not have otherwise executed
Fraud in execution/factum: testator deceived as to identity or contents of instrument and lacked testamentary intent (ex. blind person signing will that thought was a different document)
Fraud in inducement: testor knows identity and contents of will but is deceived as to extrinsic fact that the will was created based on (ex. child makes up things about sibling to parent, parent changed will based on these lies)
50
Contesting a will: mistake
Mistake in execution/factum: testator is in error regarding contents or identity of instrument and lacked testamentary intent (ex. signed the wrong document)
Mistake in inducement: testator mistaken as to some extrinsic fact and makes will based on that fact (ex. army tells parent that their child died at war, parent changes will to pass everything to sibling, parent dies, turns out the army made a mistake (did not know was false) and child never died in war = court won't change will to accommodate)
* No relief granted!
51
In terrorerem (no-contest clause)
Testator includes provision in the will stating that a beneficiary forfeits their interest in estate if they contest the will and lose (scaring beneficiaries who think they would get more through intestacy than through the will)
* Most states enforce clause unless contest was in good faith and w/ probable clause
52
Slayer statutes or constructive trusts
Person who participates in the **felonious and intentional killing** of another may not acquire property or receive any benefit as a result of that death
* Does not apply to negligent killing
* Must show killing was intentional or unlawful by preponderance of the evidence
Slayer is deemed to have predeceased decedent, and state will either prohibit acquisition through its slayer statute or if does not have one, impose a constructive trust
53
Simultaneous death (USDA)
* Person cannot take as an heir or will beneficiary if they do not survive the decedent
* If there is **no sufficient evidence as to survival** = heir or beneficiary must survive the decedent by **120 hours**, and if don't, they are treated as predeceased
* If there **is sufficient evidence** as to survival = heir or beneficiary is considered to have survived even if lived for only **minutes** beyond the decedent
54
Disclaimer of property interests
* A beneficiary, heir, surviving joint tenant, etc. may refuse to take the property interest by filing a disclaimer that:
* Is in writing
* Signed by the disclaiming party
* Acknowledged before notary
* Can disclaim at any time as long as did not accept or use any benefits from the gift
* Disclaiming party is treated as having predeceased decedent
55
Classifications of testamentary gifts
* Devises
* Bequests
* Legacies
* Residuary
56
Devise
Gift of real property
57
Bequest
Gift of personal property
* Specific bequest: property distinguishable from rest of testator's estate ("I leave my 2015 MacBook Air w/ serial number 555 to X")
* Specific bequest of general nature: property not distinguishable from rest of testator's estate ("I leave my computer to X")
58
Legacy
* General legacy: gift of personal property not sufficiently described to be specific (usually money) ("I leave $10k to X")
* Demonstrative legacy: gift of specific sum of money payable out of a designated fund ("I leave $10k to X from my account at A bank")
59
Residuary gifts
Gift of remainder of estate after all debts and other gifts are paid ("I leave all my property to my children")
60
Ademption by Extinction
*Applies to specific devises and bequests
Gift fails b/c property is no longer in the testator's estate (given away already, stolen, sold, etc.). Gifts are adeemed and beneficiary takes nothing.
Ex. "I leave my 2015 MacBook Air, serial number 555 to X," but before I die and after executing the will, I sell it to someone else = X gets nothing
61
Partial ademption
If testator devises a large tract of land and then conveys a portion of the tract during their life = beneficiary may take the remaining portion
62
Common exceptions to ademption (varies by state)
* Replacement property: some states allow beneficiary to receive a replacement of the gifted item
* Balance of purchase price: if testator sold gifted item and purchaser still owes testator money, some states allow beneficiary to receive remaining money
* Proceeds of condemnation award or insurance: some states allow beneficiary to receive condemnation award paid after testator dies or casualty insurance proceeds for loss of property after testator dies
* Proceeds from sale by guardian or conservator: if testator becomes incompetent after will is executed and guardian sells property = beneficiary may be entitled to amount of proceeds not spent on testator's care
63
Ademption by satisfaction
Beneficiary receives gifted property before the testator dies
* Must be in writing (either in will or separate document)
* Intent that gift is a satisfaction must exist at the time the inter vivos gift was given
* Often arises w/ gifts of legacies
64
Exoneration of liens
UPC and some states: liens on specifically devised property are not exonerated (paid off w/ estate funds) unless the will directs so = beneficiary takes property subject to the debt
65
Abatement
If the assets of Testator’s estate are insufficient to satisfy all the bequests or devises, the beneficiaries’ shares will abate (i.e., be reduced) in the following order:
1. Property that would pass via intestacy
2. Residuary estate
3. General legacies
4. Demonstrative legacies
5. Specific bequests and devises
66
Lapse
Beneficiary fails to survive the testator or is legally treated as predeceasing the testator
Who receives the lapsed gift is controlled by:
1. Express terms of the will ("X goes to Y, if Y survives me")
2. Rule of law (i.e. anti-lapse statute)
3. Residuary clause
4. Intestacy
67
Anti-Lapse Statute
Prevent lapse by substituting the predeceased beneficiary for the predeceased beneficiary's descendants
* States vary on the relationship needed b/w the testator and predeceased beneficiary to allow this, but most require familial connection
68
Lapses in residuary gifts left to two or more beneficiaries
If one of the multiple beneficiaries to a residuary gift predeceases testator and the anti-lapse statute does not apply, either
* Common law: deceased beneficiary's share passes by intestacy
* Modern rule: surviving residuary beneficiaries divided the deceased beneficiary's share
Ex. "I leave the residuary of my estate to my friends, A, B, and C." A predeceases testator.
-Common law: friends do not fall under anti-lapse statute = A's share passes intestate
-Modern rule: B and C split A's share
69
Is their a constitutional right to a will?
No, it is a privilege granted by state legislatures, which is why legislature requires exact and precise compliance with the state law to be a valid will.
70
Total Intestacy
Decedent dies without a properly executed will
71
Partial Testacy
Decedent dies with a will that doesn’t dispose of all of Decedent’s property (either b/c the people passing to died before them or there was error in drafting the will)
72
What law is used to determine who owns property when decedent dies intestate and was married at the time of death?
Use the law of the domicile (where they lived) at the time property was acquired
73
For personal property, which state's intestacy law applies?
Law of the decedent's domicile at death
74
For real property, which state's intestacy law applies?
Law of where the land is located
75
Process for distributing assets when deceased dies intestate
1. Distribute assets conveyed inter vivos (as gifts in advancements or in living trusts) or as future interests
2. Distribute assets to spouse depending on state's laws on distribution (if descendants exist, spouse usually takes 1/2 or 1/3)
3. Distribute to descendants
-Per stirpes
-Per capita with representation
-Per capita at each generational level
4. If no descendants exist, distribute amongst ancestors (parents) and collaterals (siblings, aunts, uncles, etc.)
76
Intestate Distribution - Surviving Spouse
* No surviving descendants or parents → SS takes entire intestate estate
* Surviving descendants → SS usually takes either 1/2 or 1/3 (varies by state law)
77
Intestate Distribution - No Surviving Spouse or SS Not Entitled to Take, But Surviving Children
If there is no SS or the SS is not entitled to a share in the estate, the descendants take by:
* Pure/strict per stirpes
* Modern/modified per stirpes
* Per capita by representation at each generation (UPC approach)
78
Per stirpes distribution
*Minority of states
1. Split shares amongst first generation that are alive or have children that are alive
2. For grandchildren that survive their parent, split their parent's amongst them
Ex.
Son 1 = 1/2
-> Arthur and Brenda = 1/4 each
Son 2 = 0
Daughter = 1/2
79
Per capita with representation distribution
*Majority of states
1. Split shares amongst first generation that has any people alive
2. For grandchildren that survive their parent, split their parent's share amongst them
Ex.
Son = 1/2
-> Arthur and Brenda = 1/4 each
Daughter = 1/2
80
If this were to be divided per stirpes vs. per capita with representation, how would they differ?
Per stirpes
-Arthur = 1/4
-Brenda = 1/4
-Charles = 1/2
Per capita w/ representation
-Arthur = 1/3
-Brenda = 1/3
-Charles = 1/3
81
Per capita at each generational level distribution
*Modern trend and UPC
1. Split shares amongst first generation that are alive or have children that are alive
2. For grandchildren that survive their parent, pool the remaining shares together and divide them equally amongst the grandchildren
Ex.
-Charles = 1/4
-Doris = 1/4
-Edward = 1/6
-Fran = 1/6
-George = 1/6
82
Intestate Distribution
-No SS or Not Entitled to Take
-No Surviving Children
Order of distribution amongst ancestors and collaterals
1. Parents (1/2 each) or the one surviving parent
2. Brothers and sisters and their descendants
3. Grandparents (1/2 to maternal, 1/2 to paternal) and their descendants (aunts, uncles, cousins) (varies by states how distant into family the states will go)
4. Escheats to the state
83
If there is no SS, no surviving children, but there is one parent and at least one sibling, who gets the property in intestate distribution?
Some states give entire estate to surviving parent, other states give 1/2 to parent and distribute 1/2 amongst sibling(s)
84
Adopted children in intestate distribution
* Adopted child has **full rights** to inherit from and through his adoptive parents (and their relatives)
* States vary on whether adopted child can inherit from their biological parents
-UPC follows transplantation theory → an adopted child loses any relationship with biological parents and is treated as the natural-born child of the adoptive parents
-Some states allow adopted child to inherit from biological and adoptive parents
* Adoptive parents can inherit from their adopted child
* Biological parents can **never** inherit from adopted child
85
Adoption by estoppel in intestate distribution
If there is sufficient relationship as a child, some states allow child to be treated as an adopted child for inheritance
* How stepchildren and foster children may be entitled to inheritance from their stepparent or foster parent
86
Nonmarital children in intestate distribution
* Nonmarital child can always inherit from their mother
* Nonmarital child can inherit from father if (1) father married mother after birth; (2) man was adjudicated to be father in paternity suit; or (3) during probate proceedings, man is proved to be father by clear and convincing evidence after death
87
Half blood siblings in intestate distribution
In most states, siblings who share only one common parent inherit equally (no distinction)
88
Posthumous children in intestate children
In most states, children born after the death of their parent will be allowed to inherit equally if the child was in gestation at the time of their parent's death
89
Advancement in intestate distribution
Inter vivos gifts from donor to an apparent heir intended to be applied against any share that the heir would inherit from the donor when donor dies
* Treated as an advancement against the estate if:
* Stated in a contemporaneous writing by Decedent, or
* Acknowledged as an advancement in writing by the heir at any time
* Property given as an advancement is reduced from the heir’s intestate share
90
Assuming state law is satisfied as to the following being an advancement, how would the Parent's estate be distributed?
Parent has two children, A and B. Parent makes a $10k advancement to A and then dies with $20k in estate.
1. Pretend the advancement is still in the estate before distributing.
-> $10k + $20k = $30k
2. Distribute that amount amongst the heirs.
-> $30k is split into $15k each
3. Take into account the advancement for the heir that has already received the advancement.
-> A gets $15k-$10k = $5k
-> B gets $15k
*Similar concept for wills (satisfaction)
91
Personal representative in probate and estate administration
Court must appoint personal representative to carry out estate administration
* If died intestate = administrator (spouse, child, etc.)
* If died w/ will = executor (named in will and willing to serve, and if not, spouse, child, etc.)
92
Duties of personal representative in probate and estate administration
* Give notice to heirs and beneficiaries
* Give notice to creditors
* Collect and manage all probate assets
* Pay estate expenses and creditors
* Distribute property to heirs (intestate) or beneficiaries (will) (if anything left)
93
Priority of creditors' claims that personal representative pays
1. Administrative expenses
2. Funeral expenses and expenses of last illness
3. Family allowance
4. Federal claims
5. Secured claims by creditors
6. Unsecured claims by creditors
7. Heirs and beneficiaries
94
Advanced healthcare directives
Must be:
1. In writing
2. Signed by declarant or someone at declarant's direction
3. Witnessed by two adult witnesses
Medical power of attorney directive
* Principal names agent to make medical decisions when principal cannot (can be as general or limited as principal wants)
Living will directive
* States individual's desires regarding life-sustaining procedures when in terminal condition and no chance that will come back to consciousness or coherence again
Directives are revocable and can be remade as principal desires (methods vary by state law)
If person does not have advanced directive = statutory surrogate statutes
* Statute allows certain people to make decision for incompetent person that needs medical decision to be made (spouse, child, etc.)
