Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Utah Essay Bar Studies > Wills > Flashcards

Wills Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Attested Will

A

Shall be in writing, signed, and

Be witnessed by at least two persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Be witnessed by at least two persons Will

A

The traditional rule said the witness and testator must observe or have the opportunity to observe the signing of the will (i.e. in the same room).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

CL Interested Witnesses

A

At CL, an interested witness was not competent to witness a will.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Substantial Compliance Minority Wills

A

Establish by clear & convincing evid

Testator intended to constitute testator’s will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Holographic Will

A

Signature & material provisions in
Handwriting of testator if shows
Testator’s testamentary intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Pour Over Will

A

Regular will leaves residuary to trust
Must be in existence at time will is made
Must be identified in will and
Trust may be modified in future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Capacity Challenge Will

A

Must be 18 years and not have mental deficiency

Mental Capacity or Insane Delusion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Mental Capacity Will

A

Must know will was testamentary act
Extent of her property, and
Extent of beneficiaries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Insane Delusion Will

A 
Belief in things possible, but improbable 
Under surrounding circumstances
Such that no man of sound mind could 
Give them credence or a 
Belief in impossible things

Must be in reference to testator’s property or
Testator’s relatives such that
Causes particular disposition or
Prevents disposition in will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Undue Influence Will

A

Mental, moral, or physical exertion which
Destroyed free agency of testator by
Preventing testator from following dictates and
Accepting instead domination and influence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Trad Test Undue Influence Will

A

Susceptibility, motive, opportunity, and causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fraud in Execution Will

A

Testator does not know he is signing will
Must be shown party knowingly made
False statement of material fact, with
Intent to deceive where testator relied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fraud In Inducement

A 
Party tells testator facts that influence 
Testator in executing his will
Must be shown party knowingly made
False statement of material fact, with 
Intent to deceive where testator relied
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Fraud Presumption Will

A

Presumed when donative transfer is made to
Person who drafted it
Someone in fiduciary relationship transcribed or
Caused to be transcribed
Care custodian during services or within 90 days
Overcome by clear & convincing evid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Exception of Fraud Presumption Will

A

Blood relative
Transfer less than $5,000
Independent attorney reviews instrument

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Integration Will

A

If present at time of execution and
Testator intended them to be part of will
Extrinsic evidence allowed to show intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Codicil

A

Amendment to existing will

Must meet same formalities as will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Incorporation by Reference

A

Writing in existence when will is executed
May be incorporated by reference if
Language of will manifests intent and
Describes writing sufficiently to identify

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Facts of Independent Significance

A

May be disposed of based upon event,
Fact or act outside of will that cannot
Change disposition of will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Types of Revocation

A

Instrument
Physical Act
Operation of Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Revocation By Instrument

A

Subsequent will revokes prior will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Revocation By Physical Act

A

Testator must perform physical act
To will w/ intent to revoke and
For purpose to revoke

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Revocation Of Codicil

A 
Leaves remaining will valid, but 
Revocation of will revokes will and codicils
Republication
Operates as republication of will 
As of date on codicil
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Revocation Of Duplicates

A

Revoked if one duplicate is destroyed, torn,
Burned, cancelled, or obliterated
W/ intent to revoke it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Revocation By Operation of Law

A

To accommodate unintentionally omitted
Spouse or child or domestic partner, or
To remove all devices to previous
Spouse/domestic partner after dissolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Will Can’t Be Found

A

Presumed to be revoked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Dependent Relevant Revocation DRR

A 
Equitable doctrine that disregards 
Testator’s last revocation if court 
Finds act of revocation based on 
Mistake of law or fact, and 
Revocation would not have occurred 
But for testator’s mistaken belief that 
Another disposition of property was valid
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Exception to DRR

A

If amount of second, failed gift
Less than first, beneficiary takes
Nothing and it goes to residuary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Revival of Will/Trust

A 
If second will that would have 
Revoked first will is thereby revoked
First will stays revoked unless 
Evident from circumstances of revocation
Testator intended first will to take effect 
If second will that would have 
Revoked first will is thereby revoked 
By third will
First will stays revoked unless
Terms of third will show intention
For first will to take effect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Extrinsic Evidence Revival

A

Permitted when revocation

Performed by physical act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Specific Gift

A

Gift of identifiable property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Stock Gift

A 
If testator devises stock
Owned stock at time of will, and 
Testator got more stock because of 
Stock dividend, merger, acquisition, or 
Drip, then devisee gets stock too
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

General Gift

A

Gift from general assets and

Does not include specific property

34
Q

Demonstrative Gift

A

General gift that specifies property or

Particular fund gift should be made

35
Q

Residuary

A

Remainder of estate

36
Q

Ademption

A

Gives specific gift they no longer own

Beneficiary takes nothing

37
Q

Statutory Exceptions Ademption

A

If item sold, beneficiary can receive
Unpaid money and note
If eminent domain, then unpaid money
If destroyed, unpaid insurance money
If a gift, note & testator forecloses
Beneficiary receives prop testator receives

38
Q

Change in Form of Gift

A

Normally, substantial change in nature of
Subject matter will operate as ademption
But mere nominal or formal change will not

39
Q

Satisfaction of Gift

A

Will provides for deduction of lifetime gift
Testator or benny declare in writing satisfied or
Same property is given during lifetime
Then gift will be satisfied

40
Q

Abatement of Gift

A 
Will gives away more than estate has
Property not covered by will shall be reduced:
Residuary gifts
General gifts not to relatives
General gifts to relatives
Specific gifts not to relatives, and 
Specific gifts to relatives
41
Q

Exoneration of Gift

A

Will gives gift w/ loan attached
Loan goes w/ gift unless
Appears from will or circumstances
Intention otherwise

42
Q

Slayer Statute Will/Trust

A

Cannot take property from
When responsible for death
If intentional and felonious
CA: killer treated as predeceased

43
Q

Elder Abuse Will/Trust

A

CA: someone convicted of financial
Exploitation, abuse, or neglect of person
Under care prohibited from taking

44
Q

Lapse of Gift

A

If benny dies before testator,

Benny and heirs do not take

45
Q

Anti-Lapse of Gift

A

If benny related to testator or
Testator’s spouse and
Dead prior to testator, then
Benny heirs take gift

46
Q

Spouse/Partner Omitted

A 
Receive intestate share if married 
After will made unless
Intentionally omitted on face of will
Provided for outside will w/  intent in lieu
Waived right in valid agreement
47
Q

Children Omitted

A

Receive intestate share if born or adopted
After will made unless
Intentionally omitted on face of will
Provided for outside will w/ intent in lieu
Had one or more children and devised
Substantially all estate to other
Parent of omitted child

48
Q

No Contest Clause

A 
Benny has 120 days from 
Date admitted to contest
Invalid if 
Contesting on grounds of forgery
Grounds of revocation or 
Grounds of fraud/undue influence
Otherwise, benny contests and wins
Ignored but if benny loses, then enforced
49
Q

Intestate Shared Kids

A

When the decedent is survived by descendants who are also descendants of the surviving spouse, AND the surviving spouse has no other descendants, the spouse takes the ENTIRE estate.

50
Q

Intestate Succession Order

A

The remaining amount of separate property is distributed in the following order: (1) issue, (2) parents, (3) issue of parents, (4) grandparents, (5) issue of grandparents, (6) next of kin, and (7) escheats.

51
Q

Per Capita Taking with Representation

A

If takers unequal degree

Start w/ first living generation

52
Q

Per Stirpes Taking

A

If takers unequal degree

Start w/ first generation

53
Q

Intestate Parent-Child

A

Exists for natural or adopted children

54
Q

Intestate Step Parents

A

Party may inherit from natural if
Biological parent lived w/ child or
Biological parent was married to
Other biological parent and died before birth
And spouse of biological parent adopts child

55
Q

Intestate Intent to Adopt

A

Relationship began during child’s minority
Continued throughout lifetime and
Legal barrier prevented adoption

56
Q

120 Hour Rule

A

Fails to survive by 120 hours
Deemed to be predeceased for purposes of intestate succession
Survival proved by clear and convincing evid

57
Q

Advancement of Gift

A

Gives benny prop during lifetime
Treated as advancement against share if
Decedent stated in writing advancement or
Heir stated in writing advancement or
Neither used “advancement” but their intent

58
Q

Calculation of Advancement of Gift

A

Total Estate = Net estate + Advancements (adv)
Allocate under intestate succession
Amt Heir Takes = Allocation of estate - Adv
If negative:
Total Estate = Net estate + (adv - excess adv)
Allocation under estate (minus those who received excess)
Amt Heir Takes without excess adv = alloc of estate- adv

59
Q

Disclaimer of Gift

A 
Rejection of interest
May disclaim if in writing, signed
States who creator of interest is
What property person is disclaiming, and 
Filed w/in reasonable time
Cannot disclaim before interest exists
60
Q

Contracts Relating to Wills

A

Will states material provisions of k
Express reference in will,
Signed writing by decedent, or
Clear and convincing evid of agreement

61
Q

UPC Signature

A

In other states and the UPC, the signature can be located anywhere so long as there was intent BUT anything after the signature will not be given effect.

62
Q

Minority Signature

A

In some states the signature must be at the bottom of the document.

63
Q

UPC Attested

A

Witnesses must sign within a reasonable time of the original signature by the testator.

64
Q

Modern Rule Witnesses Presence

A

Conscious presence requires the witness or testator must be aware the act is being performed, even if they cannot see it.

65
Q

UPC Witnesses Presence Regarding Modern Rule

A

Only adopts this where the will is signed by another on behalf of the testator.

66
Q

Purge Theory Interested Witnesses

A

If a witness was interested, the will is still valid. BUT the court will “purge” any gain in excess of what would have been taken under intestate.

67
Q

Exceptions Purge Theory Interested Witnesses

A

If there are two other disinterested witnesses OR the interested witness would take under intestate AND the amount in the will is less than they would take under intestate.

68
Q

UPC Interested Witnesses

A

Abolished the interested witness doctrine so look to challenges i.e. duress, fraud.

69
Q

UPC Physical Act Revocation

A

Only requires the destructive act affect some part of the will.

70
Q

UPC Revival

A

Requires intent and will not revive automatically.

71
Q

UPC Ademption

A

If the item is sold, the beneficiary can receive the unpaid money and the note. If eminent domain, then unpaid money. If destroyed, unpaid insurance money. If a gift, note and testator forecloses, then the beneficiary receives property the testator receives.

72
Q

UPC Slayer Statute

A

Allows the killer’s issue to take if anti-lapse or intestate succession distribution.

73
Q

Spouse Elective Share

A

A surviving spouse can elect to take a forced share which is equal to 50% of the augmented estate. This includes property acquired before marriage and during marriage.

74
Q

Waiver of Spouse Elective Share

A

Waiver of elective share is allowed if it is in writing after a fair disclosure of its contents and the spouse is represented by independent legal counsel.

75
Q

Intestate Parent/No Issue

A

Where the decedent leaves a parent but no descendants, the spouse takes $300,000 plus 75% of the remainder.

76
Q

Intestate Share Kids and Spouse Kids

A

Where the decedent leaves descendants who are also descendants of the surviving spouse, AND the surviving spouse has other descendants, the spouse takes $225,000 plus ½ of the remainder.

77
Q

Intestate Non-Spouse Issue

A

Where the decedent has issue not related to the surviving spouse, the surviving spouse takes $150,000 plus ½ of the remainder.

78
Q

Intestate No Parent/No Issue

A

When the decedent has no surviving issue or parent, the surviving spouse takes the ENTIRE estate.

79
Q

Per Capita UPC

A

If takers are of unequal degree, you start with the first living generation, split between the living, pool the remaining and then go to the next living generation.

80
Q

Post-Humously Born Children

A

If a child is conceived before, but born after, the death of the mother’s husband, there is a rebuttable presumption the child is the husband’s child if born within 280 days of the death. Otherwise parentage must be proven.

81
Q

Uniform Parentage Act Post-Humously Born Children

A

Increase to 300 days.

82
Q

UPC Ademption

A

Created a presumption against ademption of specific gifts

Utah Essay Bar Studies (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions