Wills MEE Rules Flashcards
Attested will
Requires (1) writing, (2) signed by T, and (3) in presence of 2 Ws
Holographic will
Unwitnessed will that is (1) signed by T and (2) material portions are in T’s handwriting
Capacity
T must be 18+, able to understand extent of T’s property, know beneficiaries, and nature of his act.
Undue influence
Must show (1) susceptibility, (2) opportunity, (3) active participation, and (4) unnatural result
Subsequent will
Express or implied. If later will is revoked, earlier will isn’t revived unless T manifests intent to revive via oral statement codicil.
Codicil
A later testamentary instrument that amends, modifies, or revokes a previously executed will. Will must’ve been validly executed.
Physical act to revoke will
Burn, tear, cross out, destroy, etc. Act and intent must be simultaneous.
Incorporation by reference
(1) document or writing, (2) in existence when will was executed, (3) doc clearly identified in will, and (4) T intended to incorporate doc into will.
Pour over will
T devises all assets into intervivos trust. Valid through incorporation by reference or if trust was valid before or at time of will’s execution.
Ademption by extinction
Only specific gifts. if T doesn’t own specific property, then specific gift is deemed by extinction.
Ademption by satisfaction
Will requires for a reduction of intervivos gift, T declares in contemporaneous writing that gift is a satisfaction, beneficiary acknowledges it in writing, and property given in satisfactions the same as gift in will.
Abatement
When assets of any estate are insufficient to satisfy all gifts made by someone’s will then the gifts to the beneficiaries will be reduced in the following order - intestate property, residuary gifts, general gifts, and specific gifts.
Exoneration
Extinguishes debt on a gift.
Order if no surviving spouse
Issue, parents, siblings, grandparents, aunts and uncles, step-kids, next of kin, in-laws, siblings in-law, escheat.
Per capita with representation
Equal shares at first level with living takers.
Per capita at each generational level
Shares of deceased members of level combined and divided equally at next level.
Per stirpes
Equal shares at first level regardless of whether living takers.
Per stirpes
Starting at first level and distribute deceased person’s share onto their issues.
Advancements
Intervivos down payment made by intestate to heir - same result as satisfaction. Intestate declares in writing that gift is an advancement and their heir acknowledges such.
CL presumes advancement, majority require showing of intent.
Omitted child
Child will get intestate share plus share of assets in trust.
Except when omission was intentional.
Omitted spouse
Same as child but common property and qualified common property divided in 1/2.
Except if intentional.
Slayer statute
An individual who feloniously and intentionally kills T or who is convicted of abuse, neglect, or exploitation of T forfeits all benefits of the estate. If killing is accidental, slayer rule does not bar gift.
Gifts causa mortis
Gifts made in contemplation of imminent death must be made via actual delivery, symbolic delivery, or constructive delivery.
Antilapse statute
If beneficiary dies before T and was related by blood and has surviving issue, the gift to the deceased beneficiary is saved and passes to beneficiary’s issue.
Divorce
Revokes a gift in favor of a spouse and some cts hold revokes in favor of former spouse’s family.
