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Decedents' Estates (Validity (Execution required, Writing, by an…
Decedents' Estates
Validity
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Codicil = later instrument that amends or alters the prior will. Must be executed in the same manner as will
Will Contests = defective execution, a testator's lack of capacity or revocation
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Bequests = First determine right to specific property: Specific, General, Demonstrative
ademption = applies to specific bequests that are not in the testator's estate at the time of his death
satisfaction = when a gift has been satisfied by an inter vivos transfer from the testator to the beneficiary subsequent to the will's execution
advancement = lifetime gift made to an heir with the intent that the gift be applied against the heir's share of the estate
Spouse's elective Share = gives spouse an election to take a statutory share in lieu of taking under the will
Beneficiaries
when a beneficiary dies prior to the testator or when a child of the testator is not included as a beneficiary
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anti-laspe statute = operates to save the gift when the predeceased beneficiary was in a specified degree of relationship to the testator and left descendants
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Revocation
Presumptions = when the will is found after a testator's death, but is mutilated. A prior will is revived upon undergoing all formalities of making a will or by codicil
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Types of Revocation
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DRR = appears frequently as part of an essay = equity doctrine where a court may disregard a revocation
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