UPC CODES
UPC 2-105
what is:
escheat to state
S writes the following on the back of a lottery ticket: “This is my will. I give all of my property to X. [signed and dated] S.” S later dies. Can the writing be probated as S’s will?
what is
Yes, if S lives in a state where holographic wills are recognized
This will was not witnessed so it cannot qualify as a formal will. However, a holographic will is an alternative to a formal witnessed will and is recognized in just over one-half of U.S. jurisdictions. A holographic will is generally valid if it is written out completely in the testator’s handwriting and signed
Testate, intestate, AND partial intestacy
testate- dies with a will
intestate- dies without a will
partial intestacy- probate property not disposed of by will passes through intestacy
The case where to inherit he had to marry a Jewish girl, with Jewish parents, within 7 years and the court found it constitutional and not a restriction on right to marry because he still had plenty of time and options.
what is:
Shapira v. Union National Bank
3 ways to transfer property at death
aka succession
what is:
1. intestacy
2. wills
3. Will substitutes
UPC 2-104 and 2-702
what is
120 hour rule
L, a lawyer, drafted a will for X, under which X devised all of her assets to her granddaughter, G. After X signed the will in L’s office, L offered to keep X’s will in his “fire-proof safe” but X declined and opted to take the original document with her. L never heard from X again. After X died, G could find among X’s possessions only a photocopy of the will. G talked with everyone who knew X, and none of them recalled X ever discussing her will with them. Is the will that L drafted for X in effect to dispose of X’s estate at her death?
What is
NO, it will be presumed that she revoked her will
When a deceased testator is the last person known to have custody of a will, and the will cannot be found at her death, the law presumes that the will was revoked by the testator.
Child:
AND
Heir:
what is:
Child: an individual entitled to take as a child by intestate succession, by the parent who is involved and excludes a step child, foster kid, grandkid, etc.
a person legally entitled to the property or rank of another on that person's death.
Tayor v. Holt
What is
Ways a father - child relationship can be established
what is:
presumption, acknowledgement, adjudication of paternity, adoption, consenting to ART which resulted in birth of the child (in writing)
2-102(1) B
what is
all to spouse if all Descendents are also the spouses and the spouse has no other surviving descendants
In year one, T executes a valid will that gives all of her property to X. In year two, T executes a valid will that makes no reference to any earlier will or wills, but whose only dispositive provision gives T’s diamond ring to Y, and does not mention the rest of her property. If T takes no further actions, how will her property be distributed at her death?
what is
Y will get the diamond ring and X will receive the rest of T’s property.
Although a will can be revoked by a subsequent will, if the subsequent will does not explicitly revoke the prior will and does not dispose of all of a decedent’s property, it will be deemed to revoke the prior will only to the extent that its provisions are inconsistent with the prior will. In such case the subsequent will is deemed to be a codicil to the prior will. Since the year two will only disposed of the diamond ring and not all of T’s property, it will be deemed a codicil to the year one will.
Harmless Error
In re Estate of Hall
4 examples of nonprobate property transfers
What is:
1. Inter-vivos trust
2. Pay on death/transfer on death certificates
3. Life insurance
4. Joint tenancy
UPC 2-118 and 2-119
what is: adoption related
UPC 2-118 creates new rights with adoption
UPC 2-119 severs rights to old family once adopted.
note: step parent exception and genetic relative exception
Ernestine executed a will in 2004 that gave all of her property to her best friends, Betty and Camilla, in equal shares. In 2016, she executed a new will that gave one-half of her property to her new boyfriend, Henry, and divided the rest between Betty and Camilla. She did not destroy the old will. In 2017, she broke up with Henry and tore up her 2016 will intending to revoke it and announced to Betty and Camilla that they would now receive her estate under her 2004 will. She died in 2018 leaving her niece, Shannon, as her only relative. In a majority rule jurisdiction, who will receive Ernestine’s probate estate?
what is:
Betty and Camilla, in equal shares.
A will can be revoked by physical act, which involves an act on the paper will itself, such as destroying, tearing, crossing out, etc., coupled with the intent to revoke the will. Ernestine clearly revoked her 2016 will by physical act. In a majority rule jurisdiction, if a testator revokes a will with the intention of reviving the prior will, the prior will is revived. Here, Ernestine wished to revive her 2004 will by revoking her 2016 will, as she announced as much to her friends. Therefore, the 2004 will controls the disposition of her estate.
presence:
what is:
two options:
line of sight (capable of seeing the signing),
conscious presence (general consciousness of events) UPC uses this. (UPC only needs presence for proxys)
In re Probate of Will and Codicil of Macool:
elements of equitable adoption/adoption by estoppel
what is:
outward appearance + reliance on parent-child relationship
UPC 2-109
advancements:
if someone dies intestate property given to heirs is treated as an advancement against their interest only if the decedent declared in writing that the gift is an advancement, or if the heir acknowledged it as so in writing.
Then the property is valued for the time they came into possession/enjoyment of it or time of decendent's death- whichever first occues
BUT if the recipient dies before decedent the property is not taken into consideration unless a contemporaneous writing provides otherwise
Decedent dies intestate, survived by his children, E, F, and G. Subsequently, F, who has two children of his own, disclaims all of his interest in Decedent’s estate in accordance with the applicable disclaimer statute. Who will receive Decedent’s probate estate and why?
What is:
E and G will each receive one-third of Decedent’s estate, and F’s descendants will receive the remaining one-third.
Disclaimer statutes permit an heir to renounce or “disclaim” all or a portion of the heir’s statutory share of the intestate decedent’s estate. A person who disclaims a share will be treated for purposes of the disclaimed share to have predeceased the decedent.
English per stirpes (EPS):
Modern per stirpes (or per capita with representation):
Per capita at each generation/UPC
what is:
English per stirpes (EPS). system of representation treats each line of descent equally. The property is divided into as many shares as there are living children of the designated person and deceased children who have descendants living. VERTICAL EQUALITY
Modern per stirpes (or per capita with representation) look first to see whether any children survived the decedent. If so, the distribution is identical to per stirpes. If not then the estate is divided equally (per capita) at the first generation in which there are living takers
Per capita at each generation/UPC:
In re: Snide
Under traditional law, a will must be executed in strict compliance with all the formal requirements of the applicable Wills Act. The will must be in writing, signed by the testator, and attested by at least two witnesses. Any additional requirements mandated by the particular Wills Act must also be satisfied exactly.