Wills 2

Question 1

**In Calif., a HOLOGRAPHIC WILL is valid w/o a DATE BUT potential issues if DATE is missing …:

[Note: “I, Hanky Gates …” is a “signature”]

Answer 1

1) INconsistent w/ other Will
=>UNdated HOLO INvalid to the EXTENT of the inconsistency, UNLESS proponent shows: LAST IN TIME.
2) Must show: T’or didNOT Lack Testam. CAPACITY @sig

Question 2

A revoked W#1 that still exists [not destroyed] may be VALIDATED by …+Eff. DATE?:

[=intent effectuating doctrine]

Answer 2

REPUBLICATION, i.e. by:
1) RE-EXECUTING it
OR
2) a valid CODICL W#2 that INCORPORATES W#1 by REF.
*W#1 is DEEMED Executed & Eff. on DATE of: CODICIL.

Question 3

REVOCATION BY PHYSICAL ACT occurs if +CA:

[+revokes Duplicates, too]

Answer 3

1) T has simultan. INTENT to Revoke a W/Codicil &
2) BURNS, TEARS, CROSSES out W Language. (or s.o. acting at T’s direction & in T’s presence)
CA: Incompetent /in MARGIN /on Copy /ACCIDENTAL<= INTENT NOT simultan.

Question 4

LOST WILL is PROBATED if +CA:

[Check!]

Answer 4

Proponent proves CONTENT by c&c ev.
(=Testimony +1 Copy).
CA: If W was the last seen in T’or’s possession
=>Presumption: T’or destroyed it w/ intent to revoke.

Question 5

A CODICIL is admiss. as a testamentary instr. if it is executed w/ the same FORMALITIES as required for a W.
A CODICIL …:

Answer 5

MODIFIES or REVOKES a prior W to the EXTENT the provisions are INconsistent.
i.e., Read TOGETHER &
Codicil’s Terms Control any inconsistency.

Question 6

CODICIL Revocation presumptions:

Answer 6

Revoke the Will =Will & Codicil.
[=> Codicil inadmiss.]
Revoke Codicil =Only the Codicil.
[=> DoesNOT revoke W b/c presumed intent only to revoke Codicil].

Question 7

ANY ADDITION to a W is INeffective unless …:

[Trigger: handwritten interlin. to typed W to INCREASE a gift by crossing out $1k +writing $1.5k b/w the lines:]

Answer 7

1) it qualifies as HOLO CODICIL
2) or the W is RE-executed.
Cf. UPC HARMLESS ERROR:
Use: if c&c ev. of INTENT (<=sign.), even invalid HOLO W.

Question 8

IMPLIED Revocation by SUBSEQUENT INSTR if …+CA:

Trigger: W#2 has only 1 common BEN.

Answer 8

--EXPRESS Revoc. if: 
W#2 expr. revokes W#1.
--IMPLIED Revoc. if: 
W#2 TOTALLY Disposes of T's Estate. [=Totally incons. 
CA: Else: Read TOGETHER &
W#2's Terms Control any inconsistency.]

Question 9

REVIVAL (=alternat. to DRR):
In Calif, Revival is possible w/o RE-Execution /RE-Publication by Codicil.
REVIVAL of W#1 by Revocation of W#2 requires:

Answer 9

1) TERMS of CODICIL (W#3) revoking W#2 State so, Or
2) T’or revokes W#2 w/ Simult. INTENT (manifested by Oral Statem.) to Revive W#1.
(=>W#2 was never eff. during T’or’s life)

Question 10

**An Omitted Child
(born after exec. of W) …+CA:
PP: T’or’s (unexpressed) intent: would have provided for Child, but OVERLOOKED NEED to modify estate plan after birth.
*CA: (REpublication by) CODICIL after birth => NOT omitted!

Answer 10

takes his INTESTATE share.
CA: 1) INT. omission:
from FACE of W
2) Transf. to Child’s Parent:
Dec. LEFT SUBST. ALL of his Estate to other PARENT
3) Dec. PROVIDED for Child by transfer OUTSIDE of W (intent: IN LIEU) [+extr. ev. OK]

Question 11

OMITTED (=Pretermitted) SPOUSE … +CA:

PP: T’or’s (unexpressed) intent: would’ve provided for Wife, but OVERLOOKED of the NEED to modify his estate plan after M.

Answer 11

receives her INTESTATE share [Calif. =1/2 =>100% Q-CP +min.1/3 SP].
CA: 1) INT. omission:
from FACE of W
2) T PROVIDED for S by TRANSF. OUTSIDE of W (intent: IN LIEU)
3) Valid WAIVER: a) SIGNED b) after FULL DISCLOSURE of Finances +c) Opport. to get indep. L.

Question 12

FINAL DISSOLUTION of Marriage …+CA:

[ Cf. UPC: Complete Pr Settlem.AGT in Anticipation of a Divorce: Operates as Disclaimer of Gifts under a W]

Answer 12

REVOKES all Gifts to an EX-SPOUSE,
who is TREATED as having PRE-Deceased the T’or.
CA1: RE-Marries ex-S +same W =>Gift is REVIVED.
CA2: ExS (like Disclaiming S) STILL takes from a TRUST (or other Will Substitute).

Question 13

CLASSIFICATION of Gifts:

A GENERAL Gift is one that … :

Answer 13

Refers ONLY to the ECON. VALUE of the Pr
(=Gift of certain QTY /TYPE of Pr.
payable not only out of gen. assets [$$].
“100 shares of IBM stock” =gen. b/c NOT unique => Executor can:
1) buy 100 shares
[if stock was never owned], or
2) give BEN: FMV at T’or’s death.]

Question 14

RESIDUARY devise:

Answer 14

a gift of whatever REMAINS in the estate AFTER the payment of
Specific,
General, &
Demonstrative gifts.

Question 15

**Revocation by EXTINCTION +CALIF: A…

Cts. prefer to CONSTRUE gift as GEN., so Ademption=Abatement by Extinction does NOT apply. [Construe as: My house at “time of death” +use Act of indep. Signif.]

Answer 15

SPECIFIC gift NON-EXISTENT at T’or’s death ADEEMS by EXTINCTION.
[=CL IDENTITY theory of A]
CALIF. Exc: 1)*CONDEMNATION & INS. AWARDs 2) BALANCE owed by Purchaser 3) Pr merely changes “FORM” [/Stock split /Merger] 4) *GUARDIAN Sells Asset

Question 16

**Revocation by SATISFACTION:
An intervivos GIFT to a BEN is NOT a PRE-PAYMENT for an interest i.t.WILL, UNLESS either …:
[“I left you $1k in my W, but why wait, here’s $100 on account.” +A.b.Ext, too, b/c Pr no longer exists].

Answer 16

1) T’or states so in the W ITSELF or in a CONTEMP. Writing,
2) BEN ACKN. in WRITING the Satisf.
3) Or Pr GIVEN =SAME as a SPEC. gift in the W

Question 17

**Revocation by ADVANCEMENT
[=INTESTACY!
Cf. Satisfaction: by WILL]
(Like Satisf. =>Rules almost same)

Answer 17

CL: An INTERVIVOS PAYMENT was DEDUCTED from HEIR’s share.
In Calif.: DEDUCTED IFF either:
1) HEIR ACKN. in WRITING
2) INtestate G’or DECLARES in a CONTEMP. WRITING:
the Gift is an ADV.

Question 18

A valid DISCLAIMER … +CA:

Answer 18

has the effect of treating a BEN as having PREDECEASED the T’or.
CA: Disclaiming an interest under a WILL doesNOT disclaim one’s interest under INTESTACY !!! [thru Residuary/ if will fails] or Will Substitutes [T /intervivos gift /life ins]