Wills Flashcards
intestate succession
die without a will
no spouse + no kids
parents –> siblings –> nieces and nephews
spouse + no kids
spouse gets everything (minority: parents get a portion)
spouse + kids
each get a portion
per capita
equal amts (majority: at each gen)
per stirpes
more kids = each get less
advancements
CL treats it as a down pymt (majority: gift)
ademption
property in will no longer there at death
will execution (T-TLC)
testamentary capacity + testamentary intent + legal capacity + complies with state
testamentary capacity
not insane + appreciate nature of bounty
testamentary intent
that doc is a will
undue influence (SODA)
susceptibility to influence + opportunity to influence + disposition to influence + appears to be product
legal capacity
18+
complies w. state (WAS)
written + attested by 2 disinterested + signed
codicil
supplement or modification after will is made
holographic wills
unwitnessed (minority: valid if signed and in testator handwriting)
destruction
intent + phys act of destruction
subsequent will or codicil
either expressly all or only contradictory terms
divorce
revokes gift(s) to spouse
anti-lapse
gift goes to beneficiary kids if fam
slayer statute
intentional killing –> forfeit benefits
abatement
when not enough funds, property –> residuary gifts –> gen gifts –> specific gifts
contesting a will
standing (benefit) + present grounds (undue influence or duress, etc)
adv health care dir
in writing + witnessed
