Wills Flashcards
Ademption by extinction
Gift fails because property specifically bequeathed or devised is not in testator’s estate at time of his death
Requirements for “sound mind”
Testator must consider:
- nature of his property;
- natural objects of his bounty;
- effect of signing a will;
- document to be signed is a will;
- that he is disposing of property after death in the doc
What is burden of proof re: will contest?
Party contesting the will has burden to prove by preponderance of the evidence that will is invalid on grounds of lack of capacity.
What is effect of codicil on a will?
It supplements/modifies a will. It does not replace a will unless there is express revocation language or inconsistency b/w codicil and the will.
When is extrinsic evidence admissible?
If the will is not ambiguous, then it is not admissible.
“Patent ambiguity”
Obvious ambiguity on the face of the document.
“Latent ambiguity”
not evident from face of instrument; requires interpretation to apply provisions of the will.
Joint will
one document b/w 2 or more testators that distributes property and functions as the will of every person who signed as testator
“Per stirpes” distribution
Divided into as many equal shares as there are surviving children or descendants who survive deceased children.
Each surviving child gets one share.
Complete intestacy
all property passes without will because testator died with no will or his will was invalid
Partial intestacy
testator’s property that is not disposed of via will, like where the will doesn’t have residuary clause
What happens when a beneficiary disclaims property under the will?
If person who would get residual share disclaims it, then property will be distributed as if he had died before the testator
What happens to property if no surviving spouse?
Estate goes to heirs of intestate.
What happens to property if survived by a spouse who is not parent of decedent’s children?
Spouse gets 20,000 and 1/3 of estate; remainder is split between surviving children
What happens to property if survived by spouse who is parent of one child?
Spouse gets entire estate
What happens to property if no spouse, children, or parents?
Estate goes to siblings of intestate.
What happens to property if no spouse, children, parents, or siblings?
Half of estate goes to paternal and maternal grandparents.
What happens to property if decedent has no spouse, children, or grandparents?
Estate goes to lineal descendants of deceased grandparents.
What happens to property if no spouse, children, grandparents, or lineal descendants of grandparents?
Estate goes to next of kin.
What happens to property if decedent dies with no next of kin?
Estate goes to stepchildren or their lineal descendants.
What happens to property if decedent has NO next of kin or takers?
The property escheats to the state
When is man presumed natural father of child?
- man and child’s mom have been married and child is born during the marriage;
- man and child’s mom tried to marry before child’s birth;
- acknowledgement of paternity
“Issue”
all of person’s descendants
“Devise”
testamentary disposition of property
