WILL VALIDITY & REVOCATION
In Georgia, a will must be signed by the testator and attested by this many competent witnesses, in the testator's presence.
What is two?
Unlike most states, Georgia has NO statute providing surviving spouses with this right, relying instead on year's support.
What is an elective share?
This legal principle allows courts to amend a charitable trust or class action settlement when its original purpose becomes impossible, impractical, or illegal.
What is the doctrine of Cy Pres?
A lawyer may reveal client confidences to prevent this kind of reasonably certain harm to another person.
What is death or substantial bodily harm?
This is the default measure of contract damages, putting the non-breaching party where they'd be had the contract been performed.
What are expectation damages?
Testamentary capacity requires the testator to understand the nature/extent of their property, the natural objects of their bounty, the disposition that their will is making, and this fourth element.
What is the ability to connect all of these elements together to form a coherent plan.
A petition for Georgia year's support must be filed within this many months of the decedent's death.
What is 24 months?
This type of trust lets the settlor retain the power to amend or revoke it during their lifetime, and avoids probate.
What is a revocable (living) trust?
A concurrent conflict of interest is permissible only if the lawyer reasonably believes competent representation is possible, it's not prohibited by law, it's not directly adverse in the same litigation, and each client gives this.
What is informed consent, confirmed in writing?
This equitable remedy is available only when money damages are inadequate, and is generally unavailable for personal service contracts.
What is specific performance?
This event automatically revokes any will provisions in favor of a spouse, treating them as if they predeceased the testator.
What is divorce (or annulment)?
This doctrine causes a specific bequest to fail entirely if the item is no longer in the estate at death, regardless of the testator's actual intent.
What is ademption (by extinction)
This document acts as a safety net, directing any assets NOT already retitled into a trust at death to pour into it.
What is a pour-over will?
A lawyer representing a new client against a former client in the same or a substantially related matter needs this from the former client.
What is informed consent?
This equitable remedy prevents unjust enrichment when someone wrongfully holds title to property that in fairness belongs to another.
What is a constructive trust?
This document amends, rather than replaces, an existing will, and republishes it as of its own execution date.
What is a codicil?
This statute saves a gift from lapsing when a predeceasing beneficiary is a specified relative who left descendants of their own.
What is the anti-lapse statute?
An executor must take an oath, post bond (unless waived), and receive this document from the probate court before they have any legal authority to act.
What are Letters Testamentary?
This duty requires a lawyer to disclose controlling legal authority adverse to their client's position, if opposing counsel hasn't raised it.
What is candor toward the tribunal?
These are the four factors a court weighs in deciding whether to grant a preliminary injunction.
What are likelihood of success on the merits, irreparable harm, balance of hardships, and the public interest?
Under Georgia law, in terrorem clauses do not only have to contain the condition that the challenger of the will shall lose their interest, but also?
What is where that interest will be reallocated as well.
Under Georgia law, a lifetime gift is only treated as an advancement against an heir's share if it's evidenced by this, signed within 30 days of the transfer (or acknowledged later by the recipient).
What is a writing?
A trustee's duty to invest trust assets prudently and diversify them is governed by this rule.
What is the Prudent Investor Rule?
This doctrine allows a lawyer with a legitimate financial interest, like a majority shareholder protecting their investment, to interfere with another party's contract without liability.
What is the financial interest privilege (to tortious interference)?
For breach of a deed's title covenants, the remedy is damages capped at this amount. NOT an injunction, except for the covenant of further assurances.
What is the purchase price (or pro-rata share)?