Wills generally

Question 1

Outline

Answer 1

1. will contests: capacity, fraud (3 types), undue influence (3 ways), mistake
2. no contest clauses (3 enforce)
3. attested will formalities
4. holographic wills
5. will components: integration (2 reqs), incorporation (4 reqs + exception 5 reqs), independent legal significance
6. codicils: republication (2 situations)
7. revocation: physical act, written, DRR, revival
8. contracts wrt wills, joint and mutual wills, waiver by spouse (3 reqs)
9. spousal election, forced share (illusory), pretermitted children (except + 3 no pretermission), pretermitted spouses (3 no pretermission)
10. probate: personal rep, creditor claims (priority), abatement (relatives, creditors), lapse
11. ademption by extinction (4 ways not specific, 4 ways no intent), ademption by satisfaction (4 ways to prove), advancement
12. intestate succession
    i. spouse, others, per capita w rep and per stirpes
    ii. adopted (except), stepchildren (2 adoption + 3 estoppel), non-marital kids’ father (3 ways), parent prohibitions (3), post-humerous children (3)
13. common issues: simultaneous death, disclaimer (5), advancements, prohibited beneficiaries (3)
14. will substitutes: deeds, gifts causa mortis (4 reqs)

Question 2

Vocabulary - parties

Answer 2

1. testator: person making will
2. conservator: a guardian for the testator
3. residuary devisee: the person named who takes what remains after the other devises
4. domestic partner (CA): same sex couples, or elderly heterosexual couples receiving old-age social security benefits
   i. *for all notes, spouse = spouse or domestic partner

Question 3

Vocabulary - will

Answer 3

1. CA Probate Code: statute of wills
2. time of execution: when the will is signed
3. testamentary: constituting a will (note: spelt test-A-mentary)
4. probate: the process by which a will is proven and accepted in court as the true last testament of the deceased

Question 4

Succession by wills

Answer 4

1. wills operate on persons and property existing at time of testator’s death
2. wills are construed in light of circumstances at time of execution
3. admissible to probate only if instrument:
   i. disposes of property, appoints an executor, or revokes another instrument
   ii. a will cannot serve solely to disinherit an heir
4. testator can dispose of their separate property, and half of community and quasi-community property
5. disposition can be to any person, corporation, or government