Execution of Wills
A valid will requires ______ _____, _____, and the _____ requirements must be satisfied.
CA Probate Code requires that a formal will 1) be in ____, 2) singed by the _____ (or someone at the ____direction), 3) testators signature or acknowledgement must occur in the presence of at least ___ witnesses and 4) the witnesses must ____ that the instrument being witnessed is the testators __.
testamentary intent, capacity
statutory
writing/ testator
testator's
two/ understand
will
The three methods of revocation of a will....
What is -Express revocation
What is- When a subsequent will revokes a prior will or part of a prior will by inconsistency
What is -Revocation by Physical Act
When a beneficiary named in a will, dies before the testator, the gift is said to ______, and the remainder will pass to the recipients of the remainder/residue, or if there is no remainder cause to the testator's _____.
lapse
heirs
Who takes first under intestate secession?
Who takes second?
surviving spouse
natural children
To have ____ _____, a person must understand the 1) nature of the testamentary act, 2) that he is making a decision about the disposition of his property at death, 3) his relation to his living dependents, spouse, and parents whose interests are affected by the will.
mental capacity
At the making of a will the testator must have the _____ to make a will. To have the _____ the testator must 1) be at least ___ yrs old at the time of execution; 2) know the _____ objects of her _____.(i.e her closest relative) ;3) understand the extent of her _____; and 4) know the ____ of her act.
capacity/capacity
18
nature/ bounty
property/ nature
In the absence of contrary ____, revocation of a will _____ all ______, but a revocation of a ______ to a will does NOT revoke the ____ .(original provisions of the will are preemptively revived)
Intent
revokes/ codicils/ codicil
will
(What am I?)
If the pre-deceased member of the class is related by blood to the testator or the testators surviving, predeceased, or former spouse, the member's share will pass tot he member's surviving issue, unless the class member died prior to the execution of the will and the testator was aware of that fact when he executed the will.
What is Anti-Lapse Statute
What are the three exceptions to an omitted child?
1. Intentional omission
2. The decedent provided for the child outside the will in lieu of a testamentary gift.
3. The decedent already had one or more children when he executed the will and devised all or substantially all of his estate to the surviving spouse
DAILY DOUBLE!!!!!!!!
_____ can be proven to defeat entire will or one gift.
Undue Influence
There is a presumption of ____ ____ if 1) there is a c______ r______between testator and wrongdoer;2) the wrongful act results in a gif tor disposition, and 3) ______ result in that the wrongdoer is taking a devise and this person would___ ordinarily be expected to take a devise.
undue influence
confidential relationship
unnatural
not
A _____ is a testamentary instrument executed ______ to the execution of a _____ intended to _____, _____, or expand the ____.
Codicil
subsequent/will
alter, modify/ will
A ____ ____ is a hybrid between a specific and general gift.
demonstrative gift
In intestacy situations, a spouse is deemed to have died before the decedent ( and will not inherit from decedent) if he or she fails to survive the decedent by ____ hours or _ days.
120, 5
A gift made to the person who drafted the will (or to a relative , cohabitant, or employee of the person who drafted the will) is void, unless?????
1) the testator is related to or lives with he drafter
2) the will is reviewed by an disinterested attorney
A _____ ____ can be probated in CA. A ___ ____ is a ________ and unattested will. To be valid, the tester must have testamentary ___, capacity, the testators _____ and the material provisions must be in the ____ _____.
Holographic will/ holographic will
handwritten
intent
signature/ testators
handwriting
This Doctrine permits the court to fill in certain _____in the testators will by referring to documents or acts effectuated during the testator's lifetime for primarily non- testamentary motives.
DAILY DOUBLE!!!!!!!!!!
blanks (you already got it right, lol)
What are Acts of Independent Significance
When there isn't enough money/property in the estate to pay off funeral expenses of administration and/or creditors claims , property is taken in a certain order.
What is Abatement
If a testator executes a will and fails to provide for a child on the mistaken belief that the child is ____ or in the mistaken belief that the child does not ___, the child will receive an ____ share.
dead
exist
intestate
Elements of ____ _____:
1) Testator was ____ to undue influence.
2) The person alleged to have committed the undue influence had the ______ to exercise it
3) The person alleged to have committed the undue influence had a disposition to influence for the purpose of personal _____ AND
4) that the provisions of the will appear to be _____ and the result of such influence.
Undue Influence
susceptible
opportunity
benefit
unnatural
A _____ is a testamentary instrument executed _____ to the execution of a ____, intended to modify, alter, expand the ___. To be valid a ___ but be executed with the same ____ required for the execution of the ___. Additionally, a ____ that republishes a ____, makes the ___ valid from the date that the the ___ was executed.
codicil/subsequent
will
will/ codicil
formalities
will/codicil/will
will/will
Applies when a testator revokes his will upon the _____ belief that another disposition of her property would be effective; and but for this_____she would don't have revoked the will.
BONUS- What am I??????
mistaken
mistake
Dependen Relative Revocation Doctrine
In CA, ________is dependent on the testator's ___ to _____ at the time that he disposes of the _____ property.
specific
specific bequest
deemed
specific
ademption/intent/adeem/specific
what am I?
A codicil re-dates the will as of the date of the codicil, so if a codicil to a will is executed after the testator has or adopts a child and that codicil doe snot provide for the child, the will is viewed as being executed after there birth/adoption of the child and we don't have a pretermitted child situation. (child takes nothing)
Doctrine of Republication of Codicil
I am a a clause (that states the any person who contests the will shall forfeit his legacy). ____ ____ clauses are valid and enforceable, unless the contestant claims with (probable cause) that:
1) the will has been ____
2) the will was a ____
3) the scrivener, an interested witness, or someone who secured the inclusion of the __ ____ ____ exerted undue influence.
No Contest
revoked
forgery
no contest clause