Wills

Question 1

Ademption

Answer 1

Specific bequest no longer in possession at T’s death.

Common law- gift is extinct and beneficiary gets nothing

UPC- Adeem if consistent with T’s intent

Question 2

Rules of intestacy

Answer 2

Parentelic approach- UPC
Collateral lines are followed until a live taker is found and property is distributed.

Degree of relationship approach- those with closer degrees of relationship to decedent take over remote relatives

In a tie- parentelic approach wins

Question 3

Ways to destroy or revoke wills

Answer 3

Wholly or partially

• by subsequent writings
• physical destruction of will
• operation of law

Act and intent needed for proof

Question 4

Holographic will

Answer 4

Handwritten and signed by testator, sometimes dated. Intent must be clear.

UPC- only material provisions must be in handwriting.

UPC- intent can be shown by extrinsic evidence