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35 cards
1Do 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 ...
3Do 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 ...
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 ...
6Under 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?
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...
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...
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 ...
11If a settlor includes an alternative future interest in a trust, under what circumstances will the alternative future interest supersede the UPC’s ...
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?
13Do 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...
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...
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...
17Do 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?
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...
20How 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...
22Historically, 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...
24Under 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...
26Under 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?
28Under 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...
30In general, if a donative instrument contains a condition relating to death without issue (i.e., specifying what would happen if a transferee dies ...
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...
32What 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...
34May 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?
All flashcards
35 cards