Wills - Essay Model Answers

Question 1

________ is where a court reduces a gift specified in a testamentary instrument in order to distribute assets to omitted beneficiaries.

Answer 1

Abatement

Question 2

Abatement is where a court reduces a gift specified in a testamentary instrument in order to ____________.

Answer 2

Distribute assets to omitted beneficiaries

Question 3

Abatement is where a court ____________ in order to distribute assets to omitted beneficiaries.

Answer 3

reduces a gift specified in a testamentary instrument

Question 4

In California, if a decedent fails to provide for a child born or adopted after the execution of all testamentary instruments (will or revocable trust), the child receives an intestate share of the decedent’s estate, unless:

(1) the decedent provided for the child by a transfer outside the testamentary instruments and intended the transfer be in lieu of a provision in the testamentary instruments,
(2) when the testamentary instruments were executed, the decedent had one or more children and left substantially all of the estate to the other parent of the pretermitted child, or
(3) the decedent’s failure to provide for the child was intentional and the intent appears on the face of the testamentary instruments.

Answer 4

(1) the decedent provided for the child by a transfer outside the testamentary instruments and intended the transfer be in lieu of a provision in the testamentary instruments,
(2) when the testamentary instruments were executed, the decedent had one or more children and left substantially all of the estate to the other parent of the pretermitted child, or
(3) the decedent’s failure to provide for the child was intentional and the intent appears on the face of the testamentary instruments.

Question 5

According to California Probate Code §21622, if at _________________, the decedent failed to provide for a living child solely because the decedent believed the child to be dead or was unaware of the birth of the child, the child shall receive a share in the estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instruments.

Answer 5

The time of execution of all of decedent’s testamentary instruments effective at the time of decedent’s death

Question 6

According to California Probate Code §21622, if at the time of the execution of all of decedent’s testamentary instruments effective at the time of decedent’s death, the decedent failed to provide for a living child solely because ______________, the child shall receive a share in the estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instruments.

Answer 6

the decedent believed the child to be dead or was unaware of the birth of the child

Question 7

Under California law, if the decedent dies without a surviving spouse or domestic partner, then intestate distribution is first to ________ in any generation.

Answer 7

Issue

Issue is defined as descendants, including descendants more remote than children (e.g. grandchildren).

If no issue survives, the property passes to the decedent’s parents.

Question 8

Issue

Answer 8

descendants, including descendants more remote than children (e.g. grandchildren)

Question 9

In California, if surviving issue are all of equal degree kinship, property passes ________.

Answer 9

Per capita