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Wills JD advising one sheet rules questions with actual answers
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Wills JD advising one sheet rules questions with actual answers
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Wills JD advising one sheet rulesTwo schemes to divide property intestate - correct answer ✔✔Per capita with representation:
1. Find generation with surviving issue
2. Divide evenly based on all members of that generation, whether living or not
3. If dead, divide evenly by that decedent's issue at next generation
Per capita at each generation
Same as above, except divide dead issue's shares evenly among the survivors of the next generation
Per stirpes
divide at children's generation and either distribute to them or equally if deceased + have surviving issue
How to distribute if no spouse or children - correct answer ✔✔Consanguinity method (civil law): all
persons within same degree of relationship to decedent take equal shares (both niece and uncle take)
Parentellic method (UPC): descendants of decedent's parents take to the exclusion of descendants of
decedent's grandparents (niece is heir but not uncle)
Common law advancement rule - correct answer ✔✔lifetime transfer to an heir was presumptively
treated as down payment on the heir's intestate share
Majority advancement rule - correct answer ✔✔lifetime transfer presumed to be a gift unless there is
evidence that decedent intended it to be an advancement
Ademption by satisfaction - correct answer ✔✔applies when there is a will
UPC says: lifetime gift is not prepayment unless
(1) will says so
, (2) contemporaneous writing shows it should be deducted from will
(3) devisee acknowledges that the gift is in satisfaction of a bequest
Requirements to execute valid will - correct answer ✔✔CAPACITY
(1) writing
(2) signed by testator
(3) witnessed by two witnesses
(4) intent
(5) older than 18
Holographic will requirements - correct answer ✔✔(1) signed
(2) material portions are in testator's handwriting
Incorporation by reference - correct answer ✔✔(1) will manifests an intent to incorporate the writing
(2) writing is identified with reasonable certainty
(3) writing ecists at the time the will is executed
Revocation by physical act - correct answer ✔✔need intent
can be done by subsequent writings, by physical destruction of the will, or by operation of law
look for present intent to revoke or only to do so in the future
can be done by another if acting at testator's direction and in his conscious presence
dependant relative revocation - correct answer ✔✔(1) revocation based on mistaken assumption of law
or fact
(2) testator wouldn't have revoked had the testator had accurate info
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