Plain Meaning Rule
What are the two types of ambiguities?
Patent
Read will & it doesn't make sense on its face
Latent
Will reads okay/coherently but it does not describe anything exactly/ describes 2 things.
The meaning becomes uncertain when court attempts to distribute property
Can bring in extrinsic evidence
Requires context to words not rewriting
How to figure out what words mean when the everyone disagrees
Focus on plain meaning or bring in extrinsic evidence
C devises his entire estate to “ my 2 children E & K” but if E or K both don’t survive me, then I give such predeceasing child’s share to my good friend, Taylor. K predeceases C. She leaves behind a daughter.
The live daughter gets half and taylor gets half
Kim and Kanye get married. Kim & K get divorced after nine year. Can she get the higher social security amount?
NO!!! Didn't make it to 10 years.
I state in front of class that when I die, my stuff should go to scooter. Is this a will?
No
No writing, no witness
No signature
(doesn’t satisfy formalities)
"To Harleigh, I leave two hundred thousand ($25,000)." What's wrong with this?
Ambiguity because it’s unclear
"I leave $100 to Hansel." What kind of devise is this?
General devise
“I leave S my Ford car.” when i die, it is discovered that I sold the Ford and bought a Honda and a Telsa. Does S get anything if in a UPC state?
Probably the Honda.
Look at the timing
Shorter time than looks like a replacement
How were they used? Is the Ford used as day to day so Honda is used the same and the Tesla is used for night out
S gets $2000 in social security. B (hubby) gets $3500. Get divorced and B dies. Can S get B’s social security?
Yes, S can get up to the $3500 B would have gotten. B doesn’t even have to die- S can get if B is still alive
If B remarries, he can still get
1)Can a beneficiary be an object (like a chair)?
2) Can you set up a trust for a pet?
3) Can leave trust to benefit who is incapacitated?
1. no
2. Peter Singer says yes
3. yes
"I give my friends Shawn, Abby, & Marcos each ½ of my estate." What's wrong with this will?
Patent ambiguity- read it and it literally doesn't make sense
You can look at it and know something is wrong
"I give cards to G." What devise is this?
Specific devise
What is the order of payment for devises?
Specific devise
General devise
Residuary
G is getting married. She wants a premarital agreement with her new husband. What kind of general advice will you give her to make it stick?
Both parties have counsel
Not required but best practice
Disclosure of both client’s assets
Giving up legal rights to assets so we want you to know about all assets
Voluntary
Can’t force them; no pressure
Ex: giving the prenup in front of family and the day of the wedding
Unconscionability
Don’t want the end result to be left in poverty
Honorary trust elements:
Specific
Non-capricious
Meaning, non crazy/freakish
Ex: $12 million to dog, kids argue capricious in NY
"I give $1k to 'Law School.'" Both the Little Rock and Fayetteville Law School claim the gift.
Latent- will reads okay it doesn’t describe anything exactly or 2 things.
Josh’s will leaves his pet to Matt. However, Josh sells his pet before death. Does Matt get anything?
Under the common law
No, the gift was adeemed
You get nothing
Acted out of agency intent promoting
Specific gifts are more about emotion than finances- so if disappeared, cannot be replaced (ex: gifting a ring)
T leaves his speed boat, glasses, and guns to brother A.
T leaves 30k to each of his 3 kids.
T leaves $20k to sister & directs that his convertible be sold to satisfy bequest.
The rest & remainder of the estate goes to U of A law.
The car & boat are worth $10k each. When T dies, he owns his car, the boat, his sunglasses, & a hunting rifle. He has $50k in the bank account.
There is not enough money. First give out specific gifts (boats, sunglasses, guns, $20k to sell the car)
U of A gets nothing!
Specific gifts: boat, sunglasses, & guns
$10k to sister
10k (boat)
30k
30k total: 100k
30k
We have 50% reduce will general by half of what we need
Divide what everyone ges by ½
30k 15k
30k 15k total: 50k
30k 15k
10k (car) 5k
General devise: so kids each get 15k and sister gets 5k from the split
Advantages to prenups?
Gov already has prenup when married, might as well make your own
Lets do dispute resolution now when we’re happy
Gaslighting: we aren’t getting married for our assets, it’s because we love each other
We’re doing this to protect kids from previous marriage/relationship
Save money on lawyers and a trial
I leave 10k to Will Foster and I hope he will use 1k to keep Kram and Scooter with rent.
The line between trust and non trust is fuzzy
Precetory language:
Language like, “i hope you’ll do…”
This is a gift- Foster can do anything he wants with the money
What is the rule on reformation of mistakes?
Unambiguous will may be reformed if clear and convincing evidence to establish
(1) presence of mistake
(2) testator's intent at the time the will was drafter
T gives S a Ford truck in the will but T sells the Ford and gets a Chevy.
S gets the chevy
General Device of 200k
50k
50k
50k
50k
Say only have 100k and we needed 200k.
We have 50% of the money we need. Reduce everyone’s gift by 50%.
S and V are married. S has $10 million and is rich. V is a librarian and has $20,000 at death. V wants to give her $20,000 to X (her bestie). S argues elective share.
Icky for UPC because the purpose is for disinherited spouses that’s disadvantaged
S is rich- this is greedy
Elements of a trust:
Parties
settler - person making trust
Beneficiaries
Trustee
Intent
Property
Capacity
Legal Purpose
Cant fo illegal requests
Statute of Frauds
If trust has real property in it
Trust has to survive rules against perpetuities (RAP)