Estates (MEE only)
validity
revocation
bequests
beneficiaries
intestate succession
was it properly executed by an individual with capacity?
execution
by §, but often: writing; signature; 2 Ws; sign/acknowledge a previous sig in each Ws presence; Ws sign in testators presence
codicil
later testamentary instrument that amends or alters the prior will
will contests
defective execution, lack of capacity, or revocation
lack of capacity
revocation
defective execution
undue influence
fraud
no contest clause
physical act
partial revocations (uniform probate code)
written instrument
dependent relative revocation
operation of law
presumptions
revival after revocation
equity doctrine where a ct may disregard revocation (mistake of law or fact)
will is found after death, but is mutilated (must have extrinsic evidence of intent)
undergo all formalities of making a will or contemporary declarations that they intended previous will to take effect.
omitted after-born
anti-lapse statute
simultaneous death
lapses
disclaim (requirements)
slayer act §s
Step 1: specific bequest? General legacy? Demonstrative bequest?
satisfaction
advancement
spouses elective share
subject to ademption
willing unlawful killing? you get nothing
save the gift when the predeceased beneficiary was in a specified degree of relationship (uniform probate code extends)
will share unless omission was intended
no surviving descendants? spouse gets it all
surviving descendants? spouse gets 1/3-1/2
Majority Rule: Per capita w. rep
modern trend: per capita at each generational level
click to edit
durable powers of atty