Wills MEE Rules

Question 1

Attested will

Answer 1

Requires (1) writing, (2) signed by T, and (3) in presence of 2 Ws

Question 2

Holographic will

Answer 2

Unwitnessed will that is (1) signed by T and (2) material portions are in T’s handwriting

Question 3

Capacity

Answer 3

T must be 18+, able to understand extent of T’s property, know beneficiaries, and nature of his act.

Question 4

Undue influence

Answer 4

Must show (1) susceptibility, (2) opportunity, (3) active participation, and (4) unnatural result

Question 5

Subsequent will

Answer 5

Express or implied. If later will is revoked, earlier will isn’t revived unless T manifests intent to revive via oral statement codicil.

Question 6

Codicil

Answer 6

A later testamentary instrument that amends, modifies, or revokes a previously executed will. Will must’ve been validly executed.

Question 7

Physical act to revoke will

Answer 7

Burn, tear, cross out, destroy, etc. Act and intent must be simultaneous.

Question 8

Incorporation by reference

Answer 8

(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.

Question 9

Pour over will

Answer 9

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.

Question 10

Ademption by extinction

Answer 10

Only specific gifts. if T doesn’t own specific property, then specific gift is deemed by extinction.

Question 11

Ademption by satisfaction

Answer 11

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.

Question 12

Abatement

Answer 12

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.

Question 13

Exoneration

Answer 13

Extinguishes debt on a gift.

Question 14

Order if no surviving spouse

Answer 14

Issue, parents, siblings, grandparents, aunts and uncles, step-kids, next of kin, in-laws, siblings in-law, escheat.

Question 15

Per capita with representation

Answer 15

Equal shares at first level with living takers.

Question 16

Per capita at each generational level

Answer 16

Shares of deceased members of level combined and divided equally at next level.

Question 17

Per stirpes

Answer 17

Equal shares at first level regardless of whether living takers.

Question 18

Per stirpes

Answer 18

Starting at first level and distribute deceased person’s share onto their issues.

Question 19

Advancements

Answer 19

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.

Question 20

Omitted child

Answer 20

Child will get intestate share plus share of assets in trust.

Except when omission was intentional.

Question 21

Omitted spouse

Answer 21

Same as child but common property and qualified common property divided in 1/2.

Except if intentional.

Question 22

Slayer statute

Answer 22

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.

Question 23

Gifts causa mortis

Answer 23

Gifts made in contemplation of imminent death must be made via actual delivery, symbolic delivery, or constructive delivery.

Question 24

Antilapse statute

Answer 24

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.

Question 25

Divorce

Answer 25

Revokes a gift in favor of a spouse and some cts hold revokes in favor of former spouse’s family.