Wills Flashcards
In intestacy, what is the spouses share if the decedent is survived by: spouse and shared descendants?
Spouse takes entire estate
In intestacy, what is the spouses share if the decedent is survived by: Spouse + parents but no descendants
Spouse takes 300k and 75% of the remaining estate
In intestacy, what is the spouses share if the decedent is survived by: Spouse + shared descendants + spouse’s nonshared kids
Spouse takes 225k and 50% of the remaining estate
In intestacy, what is the spouses share if the decedent is survived by: Spouse + non-shared kids
Spouse takes 150k and 50%
In intestacy, what is the spouses share if the decedent is survived by: Just spouse
Spouse takes everything.
Per Stirpes is when
Surviving child stands in place of deceased parent
Per capita with representation is when?
the estate is divided at the first level with surviving members and the shares of those who are deceased in that generation drop down to the surviving issue at the next generation. If deceased member with no issue, they get no share.
Per capita at each generation is?
Estate divided at first level with surviving member then remaining is pooled and redivided to issue at next level.
Can you disinherit a child?
Yes in a properly executed will.
What is required to execute a will?
Capacity (over 18), singed writing, witnesses, and testamentory intent.
What types of presence is acceptable for witneses?
Most require line of sight presence, others allow conscious presence.
What is the purge theory?
A witness with an interest in the will will have his interest purged in excess of what the witness would take by intestate succession. UPC no longer follows the purge theory.
What happens if there is a failure to satisfy formalities of will execution?
at common law the will is invalid, modern view allows substantial compliance, i.e. if there is clear and convincing evidence that the document was intended to be a will it will be admitted to probate.
What is a holographic will?
An informal, unwitnessed will. Must be signed to be valid. At common law any non testator marking invalidate, at UPC the material provisions must be written by the testator. There must be intent!
How can a will be revoked?
Any time until death by subsequent instruments that are inconsistent or expressly revoke the prior will, physical acts with intent to revoke, or operation of law (divorce revokes provisions in favor of former spouse).