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Unif. Probate Code § 2-701 cmt. (2010); see also id. § 2-701 (2010).
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1Do the Uniform Probate Code’s (UPC) rules of construction apply to trusts as well as wills?
Do the Uniform Probate Code’s (UPC) rules of construction apply to trusts as well as wills?2In general, what is the effect of a gift of a present interest under a revocable trust or other will substitute if the beneficiary dies before the ...
In general, what is the effect of a gift of a present interest under a revocable trust or other will substitute if the beneficiary dies before the settlor?3Do antilapse statutes protect gifts made by revocable trusts and other will substitutes?
Do antilapse statutes protect gifts made by revocable trusts and other will substitutes?4Under the traditional approach, does a donative transfer of a future interest imply a condition that the beneficiary must survive until the future ...
Under the traditional approach, does a donative transfer of a future interest imply a condition that the beneficiary must survive until the future interest ripens into possession of the property?5In his will, a man left his property “to A for life, remainder to B.” B died testate, leaving all B’s property to a charity. B’s heirs at law were ...
In his will, a man left his property “to A for life, remainder to B.” B died testate, leaving all B’s property to a charity. B’s heirs at law were B’s children.If A dies survived by B’s children, who takes the property?6Under the UPC, must the beneficiary of a future interest in a trust survive until the interest becomes possessory?
Under the UPC, must the beneficiary of a future interest in a trust survive until the interest becomes possessory?7How long must a beneficiary of a future trust interest survive under the UPC?
How long must a beneficiary of a future trust interest survive under the UPC?8Does the UPC extend antilapse protection to future interests in trust property if a trust beneficiary does not survive 120 hours after the future i...
Does the UPC extend antilapse protection to future interests in trust property if a trust beneficiary does not survive 120 hours after the future interest ripens into possession?9If a beneficiary of a future trust interest does not survive 120 hours after the future interest ripens into possession, which of the beneficiary’s...
If a beneficiary of a future trust interest does not survive 120 hours after the future interest ripens into possession, which of the beneficiary’s relatives take the future interest under the UPC’s antilapse protections?10If a settlor includes words of survivorship attached to a future interest in a trust, will those words prevent the UPC’s antilapse protections for ...
If a settlor includes words of survivorship attached to a future interest in a trust, will those words prevent the UPC’s antilapse protections for future interests from applying?11If a settlor includes an alternative future interest in a trust, under what circumstances will the alternative future interest supersede the UPC’s ...
If a settlor includes an alternative future interest in a trust, under what circumstances will the alternative future interest supersede the UPC’s antilapse protections for future interests?12Under the UPC, if no surviving beneficiaries are eligible to take a future trust interest at the distribution date, how does the trust property pass?
Under the UPC, if no surviving beneficiaries are eligible to take a future trust interest at the distribution date, how does the trust property pass?13Do courts employ the rule of convenience in determining when a trust class gift closes?
Do courts employ the rule of convenience in determining when a trust class gift closes?14A testator left his property “to my best friend for life, then to my grandchildren.” The testator was survived by two children, who had not yet had...
A testator left his property “to my best friend for life, then to my grandchildren.” The testator was survived by two children, who had not yet had any children of their own at the time of the testator’s death. Before the friend’s death, one of the testator’s children had a child. At the friend’s death, the testator’s children and grandchild were still living. Does the class close at the friend’s death?15If a testator or settlor gives a gift to a class of individuals, is a potential class member who is in gestation on the date the class closes permi...
If a testator or settlor gives a gift to a class of individuals, is a potential class member who is in gestation on the date the class closes permitted to enter the class?16If a trust gives a future interest to a single-generation class, and a member of the class dies before the future interest becomes possessory, is t...
If a trust gives a future interest to a single-generation class, and a member of the class dies before the future interest becomes possessory, is that class member excluded on that basis?17Do the UPC’s antilapse protections for gifts of future trust interests apply to multiple-generation class gifts?
Do the UPC’s antilapse protections for gifts of future trust interests apply to multiple-generation class gifts?18If a testator or settlor gives a future interest to the heirs of another individual, when are that individual’s heirs determined?
If a testator or settlor gives a future interest to the heirs of another individual, when are that individual’s heirs determined?19A testator left his property “to A for life, then to B’s heirs.” A died, survived by B and B’s two children, C and D. B had no other living relativ...
A testator left his property “to A for life, then to B’s heirs.” A died, survived by B and B’s two children, C and D. B had no other living relatives. One week later, C died. Another week later, B died. Who takes the property?20How is a gift to the heirs of more than one person interpreted?
How is a gift to the heirs of more than one person interpreted?21An engineer and an accountant shared ownership of a property. They both devised the property to their heirs. The engineer had one heir, and the acc...
An engineer and an accountant shared ownership of a property. They both devised the property to their heirs. The engineer had one heir, and the accountant had two heirs.How will the property be distributed to the heirs?22Historically, what did the doctrine of worthier title hold?
Historically, what did the doctrine of worthier title hold?23In a state that adhered to the doctrine of worthier title, a man conveyed his property during his lifetime “to my best friend for life, remainder t...
In a state that adhered to the doctrine of worthier title, a man conveyed his property during his lifetime “to my best friend for life, remainder to my heirs.” The man died testate, and his will devised all his property to a charity. The man’s intestate heirs would have been his surviving children.Upon the friend’s death, who owns the property?24Under the UPC, does a class gift to the transferor’s children generally include the transferor’s adopted children?
Under the UPC, does a class gift to the transferor’s children generally include the transferor’s adopted children?25A man created an irrevocable trust for the benefit of his children. Later, the man regretted the decision to create the trust, and he wished to dim...
A man created an irrevocable trust for the benefit of his children. Later, the man regretted the decision to create the trust, and he wished to diminish the interest of his children. The man adopted his wife, which was legal in their state of domicile. Under the UPC approach, will the man’s wife be a beneficiary of the trust?26Under the UPC, under what circumstances does a transferor’s gift to another person’s children include that person’s adopted children?
Under the UPC, under what circumstances does a transferor’s gift to another person’s children include that person’s adopted children?27Under the UPC, does a class gift to the transferor’s children generally include the transferor’s children born to unmarried parents?
Under the UPC, does a class gift to the transferor’s children generally include the transferor’s children born to unmarried parents?28Under the UPC, under what circumstances does a transferor’s gift to another person’s children include that person’s nonmarital children?
Under the UPC, under what circumstances does a transferor’s gift to another person’s children include that person’s nonmarital children?29A man’s will created a trust for the benefit of his best friend for life, with the remainder to the friend’s children. The friend’s only child, for...
A man’s will created a trust for the benefit of his best friend for life, with the remainder to the friend’s children. The friend’s only child, for whom the friend functioned as a parent at all times, was born when the friend was unmarried. The friend died.Under the UPC approach, will the friend’s child be entitled to the remainder?30In general, if a donative instrument contains a condition relating to death without issue (i.e., specifying what would happen if a transferee dies ...
In general, if a donative instrument contains a condition relating to death without issue (i.e., specifying what would happen if a transferee dies without descendants), when would the determination of whether the transferee has issue be made?31A testator devised his property to “A for life, then to A’s issue, but if A dies without issue, then to B.” The testator died. Then A died, survive...
A testator devised his property to “A for life, then to A’s issue, but if A dies without issue, then to B.” The testator died. Then A died, survived by a daughter, C. Then C died, survived by no issue. C’s will left all her property to a charity. At C’s death, who takes the property?32What is a gift by implication?
What is a gift by implication?33A testator devised property to a trustee, “if A survives me, for the benefit of A for life, and on A’s death to B.” If A does not survive the testa...
A testator devised property to a trustee, “if A survives me, for the benefit of A for life, and on A’s death to B.” If A does not survive the testator, what outcome would likely result if a court construed a gift by implication?34May a court construe a gift by implication if a donative transfer leaves a time gap arising on the distribution date?
May a court construe a gift by implication if a donative transfer leaves a time gap arising on the distribution date?35In a suit for construction of a will, what is the usual result if a court refuses to find a gift by implication?
In a suit for construction of a will, what is the usual result if a court refuses to find a gift by implication?