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Will, Black’s Law Dictionary (10th ed. 2014); 79 Am. Jur. 2d Wills §§ 1, 165, Westlaw (database updated May 2018).
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1What is a will?
What is a will?2With respect to a will, what is probate?
With respect to a will, what is probate?3In the context of probate of a will, what is primary jurisdiction?
In the context of probate of a will, what is primary jurisdiction?4In the context of probate of a will, what is ancillary jurisdiction?
In the context of probate of a will, what is ancillary jurisdiction?5Traditionally, within what period of time after a decedent’s death may a will be probated?
Traditionally, within what period of time after a decedent’s death may a will be probated?6In general, what is informal probate?
In general, what is informal probate?7What is formal probate?
What is formal probate?8What is formal execution of a will?
What is formal execution of a will?9What is an attested will?
What is an attested will?10For a will to be valid, must the testator sign it?
For a will to be valid, must the testator sign it?11What does it mean for a testator to sign a will?
What does it mean for a testator to sign a will?12May an attested will be valid, even if the witnesses do not observe the testator signing the will?
May an attested will be valid, even if the witnesses do not observe the testator signing the will?13In the case of an attested will, must the testator ordinarily sign the will before the witnesses sign it?
In the case of an attested will, must the testator ordinarily sign the will before the witnesses sign it?14Do some jurisdictions require that the testator’s signature appear at the end of the will?
Do some jurisdictions require that the testator’s signature appear at the end of the will?15Must the testator necessarily sign a will herself?
Must the testator necessarily sign a will herself?16In most jurisdictions, must the witnesses sign an attested will in the testator’s presence?
In most jurisdictions, must the witnesses sign an attested will in the testator’s presence?17In the context of an attested will, what is a publication requirement?
In the context of an attested will, what is a publication requirement?18What is an attestation clause?
What is an attestation clause?19What is a self-proved will?
What is a self-proved will?20In general, what requirement must a person satisfy to witness an attested will?
In general, what requirement must a person satisfy to witness an attested will?21What is a noncupative will?
What is a noncupative will?22In the context of wills, what is the harmless-error rule?
In the context of wills, what is the harmless-error rule?23Have all states adopted the harmless-error rule?
Have all states adopted the harmless-error rule?24Which state’s law generally governs intestate succession of real property?
Which state’s law generally governs intestate succession of real property?25Which state’s law generally governs intestate succession to personal property?
Which state’s law generally governs intestate succession to personal property?26Which state’s law generally governs the interpretation and validity of a will, to the extent the will disposes of personal property?
Which state’s law generally governs the interpretation and validity of a will, to the extent the will disposes of personal property?27Which state’s law generally governs the validity and construction of a will, to the extent it disposes of real property?
Which state’s law generally governs the validity and construction of a will, to the extent it disposes of real property?28Which state’s law generally governs the testator’s testamentary or mental capacity to make a will?
Which state’s law generally governs the testator’s testamentary or mental capacity to make a will?29Which state’s law generally governs a beneficiary’s capacity to take under a will?
Which state’s law generally governs a beneficiary’s capacity to take under a will?30Which jurisdiction’s law generally governs revocation of a will?
Which jurisdiction’s law generally governs revocation of a will?31If a will makes a class gift, which jurisdiction’s law generally governs membership in the class?
If a will makes a class gift, which jurisdiction’s law generally governs membership in the class?32If a will expressly designates which jurisdiction’s law is to govern the will’s interpretation, will courts generally respect the designation?
If a will expressly designates which jurisdiction’s law is to govern the will’s interpretation, will courts generally respect the designation?33If a decedent with contacts and property in multiple states executes a will disposing of personal property, which state’s law traditionally governs...
If a decedent with contacts and property in multiple states executes a will disposing of personal property, which state’s law traditionally governs validation of the will and disposition of the personal property?34If a decedent with contacts and property in multiple states executes a will disposing of real property, which state’s or states’ laws traditionally...
If a decedent with contacts and property in multiple states executes a will disposing of real property, which state’s or states’ laws traditionally govern validation of the will and disposition of the real property?35A decedent died in a car accident while on vacation in State A. At the time of the decedent’s death, she was domiciled in State B, where she moved ...
A decedent died in a car accident while on vacation in State A. At the time of the decedent’s death, she was domiciled in State B, where she moved for retirement and rented an apartment. The decedent continued to own a former home in State C, which she used as a summer home for many years until her death. Which state’s or states’ law govern the validity of the decedent’s will?36Under traditional, majority doctrine, a will is generally valid everywhere if it is valid under which jurisdiction’s law?
Under traditional, majority doctrine, a will is generally valid everywhere if it is valid under which jurisdiction’s law?37Under the UPC, if a will is executed in compliance with the formal requirements of the testator’s domicile at the time of execution, could the will...
Under the UPC, if a will is executed in compliance with the formal requirements of the testator’s domicile at the time of execution, could the will execution nevertheless be invalid if the testator’s domicile differs at death?38Under the UPC, a will is generally valid everywhere if it is valid under which jurisdictions’ law?
Under the UPC, a will is generally valid everywhere if it is valid under which jurisdictions’ law?39A testator domiciled in State A executed a holographic, or handwritten, will in State A, without any witnesses. The testator’s will disposed of all...
A testator domiciled in State A executed a holographic, or handwritten, will in State A, without any witnesses. The testator’s will disposed of all the testator’s property, including both personal property and a parcel of land located in State B. Holographic, unwitnessed wills are valid under State A law but not under State B law.Could the testator’s will be recognized as valid in State B under the UPC?40A testator executed an unwitnessed holographic will, which was formally valid in the testator’s state of domicile. The testator also owned real pro...
A testator executed an unwitnessed holographic will, which was formally valid in the testator’s state of domicile. The testator also owned real property in a second state that did not recognize unwitnessed wills. Can the second state refuse to admit the will to ancillary probate under traditional principles?41Must the execution of a will comply with the law of the state where the will is executed to be valid?
Must the execution of a will comply with the law of the state where the will is executed to be valid?42What is a foreign will?
What is a foreign will?43May a state admit a foreign will to probate?
May a state admit a foreign will to probate?44For what purpose do states most commonly admit foreign wills to probate or otherwise recognize them?
For what purpose do states most commonly admit foreign wills to probate or otherwise recognize them?45Under the UPC, what documentation is required to admit a will from a foreign country to ancillary probate in a state in the United States?
Under the UPC, what documentation is required to admit a will from a foreign country to ancillary probate in a state in the United States?46In what two circumstances would a jurisdiction generally apply its local law to a foreign will?
In what two circumstances would a jurisdiction generally apply its local law to a foreign will?47What is a holographic will?
What is a holographic will?48Under what circumstances would any jurisdiction in the United States recognize a holographic will as valid?
Under what circumstances would any jurisdiction in the United States recognize a holographic will as valid?49What are the three formalities traditionally required for the valid execution of a holographic will, in states recognizing unattested holographic w...
What are the three formalities traditionally required for the valid execution of a holographic will, in states recognizing unattested holographic wills as valid?50Under traditional doctrine, in states admitting unattested holographic wills to probate, is a holographic will necessarily void if not every word i...
Under traditional doctrine, in states admitting unattested holographic wills to probate, is a holographic will necessarily void if not every word is in the testator’s handwriting?51Under the UPC, is a holographic will necessarily invalid if not every word in the document is handwritten by the testator?
Under the UPC, is a holographic will necessarily invalid if not every word in the document is handwritten by the testator?52A testator bought a fill-in-the-blank will at an office-supply store. The testator filled in by hand the date, the names of the devisees, various s...
A testator bought a fill-in-the-blank will at an office-supply store. The testator filled in by hand the date, the names of the devisees, various specific gifts to named individuals, and a residuary devise. The testator then signed the document. Under the UPC, does the document meet the formal requirements for a holographic will?53Do most states admitting unattested holographic wills to probate allow someone else to sign the will on the testator’s behalf?
Do most states admitting unattested holographic wills to probate allow someone else to sign the will on the testator’s behalf?54In some states admitting unattested holographic wills to probate, must the testator date the will in her own handwriting?
In some states admitting unattested holographic wills to probate, must the testator date the will in her own handwriting?55In a state admitting unattested holographic wills to probate, may the testator make legally effective handwritten changes to a valid holographic wi...
In a state admitting unattested holographic wills to probate, may the testator make legally effective handwritten changes to a valid holographic will without re-signing it?56Do all states admitting holographic wills to probate require the testator’s signature to appear at the end of a holographic will?
Do all states admitting holographic wills to probate require the testator’s signature to appear at the end of a holographic will?57In states admitting unattested holographic wills to probate, may a testator make valid handwritten changes to an attested will?
In states admitting unattested holographic wills to probate, may a testator make valid handwritten changes to an attested will?58Under the UPC, must a holographic will be dated by the hand of the testator?
Under the UPC, must a holographic will be dated by the hand of the testator?59Who is an interested witness?
Who is an interested witness?60At common law, is an attested will generally valid if attested by an interested witness?
At common law, is an attested will generally valid if attested by an interested witness?61In most states, may an interested witness validly attest a will?
In most states, may an interested witness validly attest a will?62Under the UPC, may an interested witness attest a will without losing any benefit under the will?
Under the UPC, may an interested witness attest a will without losing any benefit under the will?63In a state that has not adopted the UPC, in what circumstance could an interested witness retain her gift under the will?
In a state that has not adopted the UPC, in what circumstance could an interested witness retain her gift under the will?64A man’s will made gifts of $10,000 to two friends and left the residue to his son. The two friends witnessed the man sign his entirely typewritten ...
A man’s will made gifts of $10,000 to two friends and left the residue to his son. The two friends witnessed the man sign his entirely typewritten will and then attested as witnesses. Would the execution of the man’s will satisfy the formal requirements for a valid will under the UPC?65What two conditions must be met under the doctrine of integration for a page or other writing to be considered part of a testator’s will?
What two conditions must be met under the doctrine of integration for a page or other writing to be considered part of a testator’s will?66May written words be considered part of a will, even if they are not physically joined to the rest of the will or written on paper?
May written words be considered part of a will, even if they are not physically joined to the rest of the will or written on paper?67Must each individual sheet of paper in a multi-page will be executed?
Must each individual sheet of paper in a multi-page will be executed?68For certain devises, a man’s will referred to the contents of a memorandum already in existence but stored in a remote safe-deposit box at the time...
For certain devises, a man’s will referred to the contents of a memorandum already in existence but stored in a remote safe-deposit box at the time the will was executed. Applying only the doctrine of integration, would the memorandum be treated as part of the will?69What is a codicil?
What is a codicil?70In general, how is a codicil construed in relation to the will it modifies?
In general, how is a codicil construed in relation to the will it modifies?71What is the doctrine of republication by codicil?
What is the doctrine of republication by codicil?72Under the UPC, what two presumptions are applied to determine whether a document is a later will that revokes a prior will?
Under the UPC, what two presumptions are applied to determine whether a document is a later will that revokes a prior will?73Under the UPC, what three requirements must be satisfied for a will to incorporate the contents of another document by reference?
Under the UPC, what three requirements must be satisfied for a will to incorporate the contents of another document by reference?74For purposes of incorporation by reference, what does it mean to describe a writing sufficiently to permit its identification?
For purposes of incorporation by reference, what does it mean to describe a writing sufficiently to permit its identification?75For a document to be incorporated by reference into a will, must the document meet the requirements of a valid will?
For a document to be incorporated by reference into a will, must the document meet the requirements of a valid will?76For purposes of incorporation by reference, is a will deemed executed on the date the last valid codicil amending it was executed?
For purposes of incorporation by reference, is a will deemed executed on the date the last valid codicil amending it was executed?77For a writing to be incorporated by reference into a will, must it be present at the will’s execution?
For a writing to be incorporated by reference into a will, must it be present at the will’s execution?78If a validly executed codicil effectively incorporates, by reference, a defectively executed will, is the will thus made valid?
If a validly executed codicil effectively incorporates, by reference, a defectively executed will, is the will thus made valid?79Do all states espouse the doctrine of incorporation by reference?
Do all states espouse the doctrine of incorporation by reference?80May a holographic will validly incorporate by reference a writing that is not in the testator’s own handwriting?
May a holographic will validly incorporate by reference a writing that is not in the testator’s own handwriting?81May a will incorporate by reference an oral statement by the testator or a devisee?
May a will incorporate by reference an oral statement by the testator or a devisee?82A woman’s formally valid will stated: “I hereby incorporate into this will the contents of the notebook in my dresser drawer.” At the time of the w...
A woman’s formally valid will stated: “I hereby incorporate into this will the contents of the notebook in my dresser drawer.” At the time of the will’s execution, the woman had a blank notebook in her dresser drawer. The woman intended to make specific devises of real property to her relatives in the notebook. After the will’s execution, the woman wrote in the notebook: “My vacation home goes to my sister.” Years after that entry in the notebook, the woman executed a codicil providing for a $10,000 devise to a charity. The written entry that left the woman’s vacation home to her sister was described adequately to permit its identification. Further, republication of the will by codicil would not defeat the woman’s intent.Would the written entry be incorporated by reference into the will?83What is the doctrine of facts of independent significance?
What is the doctrine of facts of independent significance?84What does it mean to say that an external circumstance has significance apart from its effect on the will?
What does it mean to say that an external circumstance has significance apart from its effect on the will?85Under the doctrine of facts of independent significance, must an act, event, or fact occur before the execution of a will for the will’s dispositio...
Under the doctrine of facts of independent significance, must an act, event, or fact occur before the execution of a will for the will’s dispositions by reference to that act, event, or fact to be valid?86In some states, may a will devise property according to another writing, even if the writing lacks independent significance and fails the requireme...
In some states, may a will devise property according to another writing, even if the writing lacks independent significance and fails the requirements for incorporation by reference or those to be a valid will?87A man’s valid will stated: “I hereby incorporate into this will the contents of the notebook in my desk drawer.” At the time of the will’s executio...
A man’s valid will stated: “I hereby incorporate into this will the contents of the notebook in my desk drawer.” At the time of the will’s execution, the man had a blank notebook in his desk drawer. The man intended to make specific devises of real property to her relatives in the notebook. After the will’s execution, the man wrote in the notebook: “My lake house goes to my sister.” The man then signed this statement. The written entry leaving the man’s lake home to his sister was described adequately to permit its identification.Would the written entry be incorporated by reference into the will?88Under the UPC, does the content of one testator’s will have independent significance apart from the dispositions made by another testator’s will?
Under the UPC, does the content of one testator’s will have independent significance apart from the dispositions made by another testator’s will?89A testator’s will contained a devise to a friend of “any works in my art collection to which I affix a blank sticky note.” The testator affixed sti...
A testator’s will contained a devise to a friend of “any works in my art collection to which I affix a blank sticky note.” The testator affixed sticky notes on two works in the testator’s collection to signify that these works should go to the friend. Would this devise be valid under the doctrine of facts of independent significance?90What does it mean to revoke a will?
What does it mean to revoke a will?91To revoke a will, what capacity must a testator have?
To revoke a will, what capacity must a testator have?92May a later will or codicil revoke a prior will or codicil by the same testator?
May a later will or codicil revoke a prior will or codicil by the same testator?93What is the doctrine of dependent relative revocation (DRR)?
What is the doctrine of dependent relative revocation (DRR)?94If a testator attempts to revoke a will by later instrument based on a false assumption of law or fact, for DRR to apply, do some courts require th...
If a testator attempts to revoke a will by later instrument based on a false assumption of law or fact, for DRR to apply, do some courts require that the mistake appear from the face of the revoking instrument?95Does the UPC recognize the doctrine of dependent relative revocation (DRR)?
Does the UPC recognize the doctrine of dependent relative revocation (DRR)?96Under DRR, under what circumstances would a testator’s revocation of a will be deemed ineffective despite the testator’s compliance with the formal...
Under DRR, under what circumstances would a testator’s revocation of a will be deemed ineffective despite the testator’s compliance with the formal requirements to revoke the will?97A woman’s will contained a residuary devise to her husband, if he survived her. The husband went on a camping trip, did not return for several mont...
A woman’s will contained a residuary devise to her husband, if he survived her. The husband went on a camping trip, did not return for several months, and could not be found by a search party. Believing the husband dead, the woman executed a codicil to the will changing the residuary devisee to her sister, if she survived the woman. A year later, the husband returned suddenly. The wife was so surprised she had a heart attack and died, with no opportunity to revise her will. The woman’s mistake about her husband’s death can be proven by clear and convincing evidence.Under the modern approach, would the DRR invalidate the codicil, causing the original devise to the husband to remain in place?98In most states, is a premarital will valid even if the testator marries and has children after executing the will?
In most states, is a premarital will valid even if the testator marries and has children after executing the will?99If a testator divorces a spouse, what is the presumptive effect on any testamentary gift to the now-former spouse?
If a testator divorces a spouse, what is the presumptive effect on any testamentary gift to the now-former spouse?100Under the UPC, how is a former spouse treated if a testator divorces that person after the execution of the will?
Under the UPC, how is a former spouse treated if a testator divorces that person after the execution of the will?101In a few states, if a testator marries after executing a will, is the will revoked by operation of law?
In a few states, if a testator marries after executing a will, is the will revoked by operation of law?102A woman’s will left $400,000 to her husband and everything else to her sister. The woman and her husband divorced, and the woman died years later w...
A woman’s will left $400,000 to her husband and everything else to her sister. The woman and her husband divorced, and the woman died years later without having revoked or altered her will. The woman was survived by her former husband and her sister. The woman’s estate consists of a $500,000 bank account with no beneficiary designation.Under the UPC, how will the estate be distributed?103Under the UPC, what two requirements must be satisfied for a revocation of a will by physical act to be valid?
Under the UPC, what two requirements must be satisfied for a revocation of a will by physical act to be valid?104What is a revocatory act?
What is a revocatory act?105In the context of revocatory acts, what is canceling?
In the context of revocatory acts, what is canceling?106Under the UPC, if a testator tears her will with the intent to revoke the will, is the revocation invalid if the tear fails to touch the words of t...
Under the UPC, if a testator tears her will with the intent to revoke the will, is the revocation invalid if the tear fails to touch the words of the will?107What rebuttable presumption arises if a will was last in the testator’s possession but cannot be found after her death?
What rebuttable presumption arises if a will was last in the testator’s possession but cannot be found after her death?108A man asked his attorney to retain his will for safekeeping. The man kept a photocopy of the will at home. The man later tore up the photocopy, int...
A man asked his attorney to retain his will for safekeeping. The man kept a photocopy of the will at home. The man later tore up the photocopy, intending a revocation of the will. Would the man’s will be revoked successfully?109Under the common law, what is the only recognized way to partially revoke a will?
Under the common law, what is the only recognized way to partially revoke a will?110Do all states permit a testator to partially revoke a will by revocatory act?
Do all states permit a testator to partially revoke a will by revocatory act?111What two methods does the UPC recognize for partial revocation of a will?
What two methods does the UPC recognize for partial revocation of a will?112A woman’s will left the sum of $400,000 to her cousin and all the rest to her brother. At the woman’s death, her will was found in her dresser draw...
A woman’s will left the sum of $400,000 to her cousin and all the rest to her brother. At the woman’s death, her will was found in her dresser drawer with a line drawn through the words directing the devise of the sum of $400,000 to her cousin.Under the UPC, how will the woman’s estate be distributed?113In the context of wills, what is revival?
In the context of wills, what is revival?114May a testator revive a revoked will by reexecuting it with proper testamentary formalities after the revocation?
May a testator revive a revoked will by reexecuting it with proper testamentary formalities after the revocation?115May a testator revive a revoked will by later executing a valid codicil indicating intent to revive the will?
May a testator revive a revoked will by later executing a valid codicil indicating intent to revive the will?116In a few states, is the rule that a testator may revive a revoked will only by either validly reexecuting it as a testamentary instrument or execut...
In a few states, is the rule that a testator may revive a revoked will only by either validly reexecuting it as a testamentary instrument or executing a later, valid codicil to revive it?117In general, if a testator executes a second will revoking a first will, then a third will revoking the second, is the first will necessarily revived?
In general, if a testator executes a second will revoking a first will, then a third will revoking the second, is the first will necessarily revived?118In general, if a testator executes a second will entirely revoking a first will, then revokes the second will by physical act, is the first will ne...
In general, if a testator executes a second will entirely revoking a first will, then revokes the second will by physical act, is the first will necessarily revived?119In general, what are the three ways to revive a will revoked by physical act?
In general, what are the three ways to revive a will revoked by physical act?120In general, if a provision in a will is revoked by operation of law due to the testator’s divorce, under what circumstances is it revived?
In general, if a provision in a will is revoked by operation of law due to the testator’s divorce, under what circumstances is it revived?121If a will is revoked by operation of law due to the testator’s marriage (or marriage plus the birth of children), what are the only two ways to rev...
If a will is revoked by operation of law due to the testator’s marriage (or marriage plus the birth of children), what are the only two ways to revive the will?122Under the UPC, if a testator, by physical act, revokes a later will that itself wholly revokes an earlier will, is the earlier will generally revived?
Under the UPC, if a testator, by physical act, revokes a later will that itself wholly revokes an earlier will, is the earlier will generally revived?123Under the UPC, if a testator, by physical act, revokes a later will that itself only partially revokes an earlier will, are the revoked parts of th...
Under the UPC, if a testator, by physical act, revokes a later will that itself only partially revokes an earlier will, are the revoked parts of the earlier will generally revived?124Under the UPC, if a third will revokes a second will that itself wholly or partially revokes a first will, are the revoked parts of the first will ...
Under the UPC, if a third will revokes a second will that itself wholly or partially revokes a first will, are the revoked parts of the first will revived?125A testator created a will. The testator revoked the will by executing a second will. The testator then revoked the second will by tearing it up.Und...
A testator created a will. The testator revoked the will by executing a second will. The testator then revoked the second will by tearing it up.Under the UPC, would the first will be revived?126A testator created a will. The testator partially revoked the will by executing a second will. The testator then revoked the second will by destroy...
A testator created a will. The testator partially revoked the will by executing a second will. The testator then revoked the second will by destroying it. Under the UPC, would the first will be revived?127A testator’s first will left $100,000 to her daughter and all the rest to charity. The testator executed a codicil revoking the devise to her daugh...
A testator’s first will left $100,000 to her daughter and all the rest to charity. The testator executed a codicil revoking the devise to her daughter and devising $100,000 to a friend instead. The testator later tore up the codicil. In addition, the testator told many family members that she felt estranged from both her daughter and the friend. Under the UPC, would the daughter take $100,000 of the estate?128In general, may a testator enter into a valid and binding contract to dispose of property a certain way by will or to die intestate?
In general, may a testator enter into a valid and binding contract to dispose of property a certain way by will or to die intestate?129In most jurisdictions, must a contract regarding a will satisfy the same testamentary formalities that apply to wills?
In most jurisdictions, must a contract regarding a will satisfy the same testamentary formalities that apply to wills?130Under the UPC, in what three ways may the writing requirement for a contract concerning a will be satisfied?
Under the UPC, in what three ways may the writing requirement for a contract concerning a will be satisfied?131In general, what is the measure of damages if a testator breaches a contract to dispose of property a certain way by will or to die intestate?
In general, what is the measure of damages if a testator breaches a contract to dispose of property a certain way by will or to die intestate?132In general, may a court order someone to make or revoke a will or die intestate?
In general, may a court order someone to make or revoke a will or die intestate?133In general, under what circumstances does a cause of action against a decedent arise for breach of a contract regarding a will?
In general, under what circumstances does a cause of action against a decedent arise for breach of a contract regarding a will?134Does the UPC automatically presume that a joint will is a contractual will?
Does the UPC automatically presume that a joint will is a contractual will?135A woman orally promised to give her daughter a devise of $100,000 if the daughter took care of the woman until the woman’s death. The daughter agre...
A woman orally promised to give her daughter a devise of $100,000 if the daughter took care of the woman until the woman’s death. The daughter agreed. Years later, the woman wrote on her daughter’s birthday card, “Thank you for taking care of me. I hope I have enough money left to pay you the $100,000 we agreed upon.” The card was signed, “Mom.” There were no witnesses to the signing of the card. Under the UPC, is there a valid contract for the woman to make the devise of $100,000 to her daughter?136In general, what is the effect on a gift under a will if the beneficiary does not survive the testator?
In general, what is the effect on a gift under a will if the beneficiary does not survive the testator?137In general, what is an antilapse statute?
In general, what is an antilapse statute?138In general, do antilapse statutes apply to class gifts?
In general, do antilapse statutes apply to class gifts?139In general, will an antilapse statute apply even if the testator intended that it not apply?
In general, will an antilapse statute apply even if the testator intended that it not apply?140In general, will an antilapse statute apply if the will specifies an alternative devise, to be effective should the intended recipient predecease t...
In general, will an antilapse statute apply if the will specifies an alternative devise, to be effective should the intended recipient predecease the testator?141In general, if an antilapse statute applies, what is its effect on a lapsed residuary gift?
In general, if an antilapse statute applies, what is its effect on a lapsed residuary gift?142Generally, is a residuary clause, by itself, an alternative devise that would prevent an antilapse statute from applying to a nonresidue gift?
Generally, is a residuary clause, by itself, an alternative devise that would prevent an antilapse statute from applying to a nonresidue gift?143Does the UPC’s antilapse provision apply to a power of appointment exercised in the testator’s will?
Does the UPC’s antilapse provision apply to a power of appointment exercised in the testator’s will?144If a will explicitly provides that an intended taker must survive the testator to take, do most courts hold that this prevents an antilapse statute...
If a will explicitly provides that an intended taker must survive the testator to take, do most courts hold that this prevents an antilapse statute from applying as an indication of contrary intent?145At common law, how is a devise treated if a devisee predeceases the testator, assuming the devise is neither a residuary devise nor a class gift?
At common law, how is a devise treated if a devisee predeceases the testator, assuming the devise is neither a residuary devise nor a class gift?146To which of a testator’s relatives do the antilapse provisions of the UPC apply?
To which of a testator’s relatives do the antilapse provisions of the UPC apply?147A woman’s will left $100,000 “to my daughter, but if she predeceases me, then to my sister.” The daughter predeceased the woman and was survived by...
A woman’s will left $100,000 “to my daughter, but if she predeceases me, then to my sister.” The daughter predeceased the woman and was survived by the daughter’s son, i.e., the woman’s grandson. Under the UPC, would the antilapse provision imply a substitute gift to the woman’s grandson?148What is ademption by extinction?
What is ademption by extinction?149Does ademption by extinction apply to general, demonstrative, or residual devises?
Does ademption by extinction apply to general, demonstrative, or residual devises?150In general, if a testamentary gift is adeemed by extinction, does the intended devisee receive any substitute gift?
In general, if a testamentary gift is adeemed by extinction, does the intended devisee receive any substitute gift?151In general, is a gift adeemed by extinction if the asset is not in the estate because the testator’s guardian, conservator, or similar representati...
In general, is a gift adeemed by extinction if the asset is not in the estate because the testator’s guardian, conservator, or similar representative, was appointed due to lack of capacity and transferred it?152Is a testamentary gift of a specific asset adeemed by extinction just because the asset undergoes a minor change in form or location during the tes...
Is a testamentary gift of a specific asset adeemed by extinction just because the asset undergoes a minor change in form or location during the testator’s life?153Under the UPC, in what three circumstances would a devisee of specifically devised property take a substitute gift in the event the testator sold t...
Under the UPC, in what three circumstances would a devisee of specifically devised property take a substitute gift in the event the testator sold the specifically devised property before the testator’s death?154A father fell ill and died while he was hospitalized. The father devised his real property to his son. However, while the father was hospitalized, ...
A father fell ill and died while he was hospitalized. The father devised his real property to his son. However, while the father was hospitalized, his wife, acting under a durable power of attorney, sold the father’s property. Under the UPC, what substitute gift is the son entitled to in order to avoid ademption of the father’s property?155A man’s will left “my car to my son.” After the execution of the will, the man traded in his old car for a new car. Under the common law, would the...
A man’s will left “my car to my son.” After the execution of the will, the man traded in his old car for a new car. Under the common law, would the son’s gift be adeemed?156In the context of wills, what is an accretion?
In the context of wills, what is an accretion?157Generally, absent contrary language in the will, is the designated recipient of a specific devise entitled to any accretions to the asset arising b...
Generally, absent contrary language in the will, is the designated recipient of a specific devise entitled to any accretions to the asset arising between the will’s execution and the testator’s death?158Generally, absent contrary language in the will, is the designated recipient of a specific devise entitled to any accretions to the asset arising a...
Generally, absent contrary language in the will, is the designated recipient of a specific devise entitled to any accretions to the asset arising after the testator’s death?159In general, is the recipient of a general or demonstrative devise entitled to accretions on the gifted property?
In general, is the recipient of a general or demonstrative devise entitled to accretions on the gifted property?160Under the prevailing modern trend and the UPC, if a will devises a specific number of securities to a person, is that person entitled to any additi...
Under the prevailing modern trend and the UPC, if a will devises a specific number of securities to a person, is that person entitled to any additional securities that the testator acquires after executing the will due to owning the devised securities?161Under the UPC, when does a general pecuniary devise begin to bear interest?
Under the UPC, when does a general pecuniary devise begin to bear interest?162A banker was the lender for a mortgage. The banker died, leaving his interest in the mortgage to his son. After the banker’s death, but before the ...
A banker was the lender for a mortgage. The banker died, leaving his interest in the mortgage to his son. After the banker’s death, but before the mortgage was distributed to the son, the mortgage continued to gain interest. At common law, would the interest accrued on the mortgage after the banker’s death, but before the mortgage was distributed to the son, be distributed to the son along with the mortgage?163A testator’s will left “my 100 shares of stock to my son.” Shortly after the execution of the will, the corporation declared a two-for-one stock sp...
A testator’s will left “my 100 shares of stock to my son.” Shortly after the execution of the will, the corporation declared a two-for-one stock split. After the stock split, the testator owned 200 shares of stock. The testator received dividends periodically until death.Under the UPC, how much stock and dividends would the estate distribute to the son?164In the context of wills, what is satisfaction?
In the context of wills, what is satisfaction?165What is the hotchpot method of deducting a lifetime gift from the value of a devise under a will?
What is the hotchpot method of deducting a lifetime gift from the value of a devise under a will?166If the doctrine of satisfaction applies, must the recipient of the lifetime gift reimburse the estate, to the extent the lifetime gift exceeds the ...
If the doctrine of satisfaction applies, must the recipient of the lifetime gift reimburse the estate, to the extent the lifetime gift exceeds the recipient’s share under the will?167If a lifetime gift is made in satisfaction of a devise under a will, in what two ways may the value of the lifetime gift affect the distribution to...
If a lifetime gift is made in satisfaction of a devise under a will, in what two ways may the value of the lifetime gift affect the distribution to the devisee?168Under the UPC, what is required for a lifetime gift to be treated as having satisfied a devise under a will, either in whole or in part?
Under the UPC, what is required for a lifetime gift to be treated as having satisfied a devise under a will, either in whole or in part?169After making specific devises to other individuals, a man’s will left “all the rest to my children equally.” After executing the will, the man made...
After making specific devises to other individuals, a man’s will left “all the rest to my children equally.” After executing the will, the man made a lifetime gift of $20,000 to his son, sending his son a handwritten note that read, in relevant part, “I know you are having hard times, but to treat your sister fairly, please understand that this is coming out of your inheritance.” Some years later, the man died without having revoked his will. The man’s probate estate, after distributing the specific devises to others, consisted of a $160,000 bank account. Under the common law, what is the amount of the distribution to the son?170In the context of wills, what is exoneration?
In the context of wills, what is exoneration?171If exoneration applies, what is generally the primary source from which any encumbrances against devised realty would be satisfied?
If exoneration applies, what is generally the primary source from which any encumbrances against devised realty would be satisfied?172Under the UPC, does a general directive in a will to pay all debts mean that exoneration applies?
Under the UPC, does a general directive in a will to pay all debts mean that exoneration applies?173At common law, if a will says nothing about paying off debts, would exoneration apply?
At common law, if a will says nothing about paying off debts, would exoneration apply?174A man executed a will devising “my home to my son, and if my home remains subject to a mortgage at my death, the home to pass free and clear of the...
A man executed a will devising “my home to my son, and if my home remains subject to a mortgage at my death, the home to pass free and clear of the mortgage.” The man died some years later, having paid down the mortgage, but a balance of $20,000 remained. The residue of the estate amounted to $100,000, and there were no significant claims against the estate. Would the residue be used to pay off the mortgage?175Is a conviction of a crime required for the bar against inheritance by a slayer to operate?
Is a conviction of a crime required for the bar against inheritance by a slayer to operate?176What is the slayer rule?
What is the slayer rule?177Does the slayer rule require that the slayer be criminally convicted of homicide?
Does the slayer rule require that the slayer be criminally convicted of homicide?178What three elements must a killing of a decedent meet to trigger the slayer rule?
What three elements must a killing of a decedent meet to trigger the slayer rule?179A man and his father went out for dinner to celebrate the man’s promotion. They drank two bottles of wine together over the course of the meal. Alt...
A man and his father went out for dinner to celebrate the man’s promotion. They drank two bottles of wine together over the course of the meal. Although the man was intoxicated, he concluded that it would be perfectly fine for him to drive himself and the father home. On the way home, the man lost control of the car and collided with a telephone pole. This accident killed the man’s father but merely injured the man, who survived for many years. Would a typical slayer statute bar the man from inheriting from his father?180In the context of wills, what is disclaimer?
In the context of wills, what is disclaimer?181In general, may a devisee accept some gifts under a will and disclaim others?
In general, may a devisee accept some gifts under a will and disclaim others?182In general, if a devisee disclaims a gift under a will, may the devisee’s creditors reach the disclaimed gift?
In general, if a devisee disclaims a gift under a will, may the devisee’s creditors reach the disclaimed gift?183In general, if after the testator’s death, a devisee accepts a gift under the will, may he later disclaim the gift?
In general, if after the testator’s death, a devisee accepts a gift under the will, may he later disclaim the gift?184What is the effect of a disclaimer of property that relates back to the death of the donor?
What is the effect of a disclaimer of property that relates back to the death of the donor?185Does a disclaimer prevent the federal government from reaching disclaimed property to satisfy a federal tax lien against the disclaimant?
Does a disclaimer prevent the federal government from reaching disclaimed property to satisfy a federal tax lien against the disclaimant?186A woman died intestate, survived only by one daughter and the daughter’s two adult children. Under the governing intestacy law, the daughter would ...
A woman died intestate, survived only by one daughter and the daughter’s two adult children. Under the governing intestacy law, the daughter would inherit the woman’s entire intestate estate. However, the daughter effectively disclaimed her entire inheritance from the woman. Under the UPC, to whom and in what shares will the estate be distributed?187At common law, for how long must a devisee outlive the testator to be deemed to have survived the testator?
At common law, for how long must a devisee outlive the testator to be deemed to have survived the testator?188Under the original Uniform Simultaneous Death Act (USDA), what is the result if the proof is insufficient to determine other than that two individu...
Under the original Uniform Simultaneous Death Act (USDA), what is the result if the proof is insufficient to determine other than that two individuals died simultaneously?189Under the UPC and the Revised USDA, what threshold must a devisee meet to be treated as surviving a testator?
Under the UPC and the Revised USDA, what threshold must a devisee meet to be treated as surviving a testator?190May a will vary the definition of survivorship?
May a will vary the definition of survivorship?191A man died testate. The residuary devise of his will gave “all the rest to my son, but if he predeceases me, then to my daughter.” Two days after t...
A man died testate. The residuary devise of his will gave “all the rest to my son, but if he predeceases me, then to my daughter.” Two days after the man’s death, the son died. Under the UPC, who takes the residue of the man’s estate?192In the context of wills, what is abatement?
In the context of wills, what is abatement?193For purposes of abatement, how is a demonstrative devise treated?
For purposes of abatement, how is a demonstrative devise treated?194For purposes of abatement, what is a claim against the estate?
For purposes of abatement, what is a claim against the estate?195If the value of an estate (after satisfaction of claims of creditors) is insufficient to satisfy all devises, what is the usual order of priority i...
If the value of an estate (after satisfaction of claims of creditors) is insufficient to satisfy all devises, what is the usual order of priority in which devises are paid under the UPC?196Under the UPC, what two circumstances trigger an order of abatement different from the default order?
Under the UPC, what two circumstances trigger an order of abatement different from the default order?197A man’s will left $300,000 to his son, $100,000 to his daughter (both general devises), and all the rest to a charity (the residue). The man’s prob...
A man’s will left $300,000 to his son, $100,000 to his daughter (both general devises), and all the rest to a charity (the residue). The man’s probate estate amounted to $100,000. How will the probate estate be distributed?198What is a specific devise?
What is a specific devise?199What is a general devise?
What is a general devise?200What is a demonstrative devise?
What is a demonstrative devise?201What is a residuary devise?
What is a residuary devise?202May a specific devise dispose of property that the testator does not own at the time of the will’s execution?
May a specific devise dispose of property that the testator does not own at the time of the will’s execution?203A testator’s will made the following disposition of property: “$100,000 from the sale of my stock to my daughter.” What is the classification of th...
A testator’s will made the following disposition of property: “$100,000 from the sale of my stock to my daughter.” What is the classification of the devise?204What is a class gift?
What is a class gift?205In most states, how is a class gift created?
In most states, how is a class gift created?206What is a postponed class gift?
What is a postponed class gift?207What is the rule of convenience?
What is the rule of convenience?208If a person is in gestation when a class closes but otherwise qualifies for membership in the class, would the rule of convenience exclude the pers...
If a person is in gestation when a class closes but otherwise qualifies for membership in the class, would the rule of convenience exclude the person from the class?209In the case of a class gift by will, does the rule of convenience apply if, at the time the class would ordinarily close, there are no existing cla...
In the case of a class gift by will, does the rule of convenience apply if, at the time the class would ordinarily close, there are no existing class members?210In general, when does a class gift close to new membership if the gift is distributable to each class member who reaches a certain age?
In general, when does a class gift close to new membership if the gift is distributable to each class member who reaches a certain age?211In the case of a class gift, may a class member who is dead when the gift takes effect nonetheless take a share of the gift?
In the case of a class gift, may a class member who is dead when the gift takes effect nonetheless take a share of the gift?212What is the difference between a single-generation class gift and a multiple-generation class gift?
What is the difference between a single-generation class gift and a multiple-generation class gift?213In what manner is a single-generation class gift divided, if the will does not specify it?
In what manner is a single-generation class gift divided, if the will does not specify it?214If a class member in a single-generation postponed class gift dies after the gift takes effect but before the gift becomes possessory, is the class...
If a class member in a single-generation postponed class gift dies after the gift takes effect but before the gift becomes possessory, is the class member excluded from the gift on that basis?215In general, what will courts construe a gift to a person’s “heirs” to mean?
In general, what will courts construe a gift to a person’s “heirs” to mean?216If a class member in a postponed multiple-generation class gift dies after the gift takes effect but before the gift becomes possessory, is the cla...
If a class member in a postponed multiple-generation class gift dies after the gift takes effect but before the gift becomes possessory, is the class member excluded from the gift on that basis?217Under the common law, what is the only circumstance in which a class gift lapses?
Under the common law, what is the only circumstance in which a class gift lapses?218For class-gift purposes, who are relatives by affinity?
For class-gift purposes, who are relatives by affinity?219For purposes of class gifts, are half-blooded relatives generally treated the same as whole-blooded relatives?
For purposes of class gifts, are half-blooded relatives generally treated the same as whole-blooded relatives?220Absent contrary intent, is a class gift to relatives construed to include relatives by affinity?
Absent contrary intent, is a class gift to relatives construed to include relatives by affinity?221A woman’s will left the following property interest: “one-half to A, a nephew, and one-half to B, a nephew.” Does this language in the woman’s will...
A woman’s will left the following property interest: “one-half to A, a nephew, and one-half to B, a nephew.” Does this language in the woman’s will create a class gift?222Generally, in what manner will courts construe a gift to a specified generation of someone’s relatives?
Generally, in what manner will courts construe a gift to a specified generation of someone’s relatives?223In general, is a gift to a person’s children construed to include the person’s stepchildren?
In general, is a gift to a person’s children construed to include the person’s stepchildren?224In general, if a testator creates a class gift in favor of her own children, is the class presumed to include adopted children?
In general, if a testator creates a class gift in favor of her own children, is the class presumed to include adopted children?225At common law, if a testator makes a class gift to another person’s children, does the class include adopted children?
At common law, if a testator makes a class gift to another person’s children, does the class include adopted children?226For purposes of glass gifts, is an adopted child generally recognized as the child of the adoptive parents, the genetic parents, or both?
For purposes of glass gifts, is an adopted child generally recognized as the child of the adoptive parents, the genetic parents, or both?227For class-gift purposes, is a child adopted by a genetic parent’s spouse, domestic partner, or blood relative presumed to be the child of the adopt...
For class-gift purposes, is a child adopted by a genetic parent’s spouse, domestic partner, or blood relative presumed to be the child of the adoptive parent and both genetic parents?228A woman’s will made a devise to a charity and left “all the rest to my children.” At the time of the will’s execution, the woman had one son and on...
A woman’s will made a devise to a charity and left “all the rest to my children.” At the time of the will’s execution, the woman had one son and one daughter. The daughter had two living children. The daughter predeceased the woman, who was survived by the daughter’s children. Under the rule in most states, would the predeceased daughter’s share go to the daughter’s children?229For class-gift purposes, is a gift to the testator’s own children generally construed to include the testator’s nonmarital children?
For class-gift purposes, is a gift to the testator’s own children generally construed to include the testator’s nonmarital children?230Absent contrary intent, whom is a class gift to someone’s issue or descendants interpreted to include?
Absent contrary intent, whom is a class gift to someone’s issue or descendants interpreted to include?231Absent contrary intent, how is a class gift to issue or descendants distributed?
Absent contrary intent, how is a class gift to issue or descendants distributed?232Absent contrary intent, how is a gift to the issue of multiple designated persons distributed?
Absent contrary intent, how is a gift to the issue of multiple designated persons distributed?233Absent contrary intent, how is a gift to a person and her own issue distributed?
Absent contrary intent, how is a gift to a person and her own issue distributed?234Absent contrary intent, how is a gift to a person and someone else’s issue distributed?
Absent contrary intent, how is a gift to a person and someone else’s issue distributed?235For class-gift purposes, is a class gift to the children of a person other than the testator generally construed to include the person’s nonmarital...
For class-gift purposes, is a class gift to the children of a person other than the testator generally construed to include the person’s nonmarital children?236Under the UPC, in what circumstances is an adoptee presumptively treated as a relative of the adopter’s family for purposes of construing a devise?
Under the UPC, in what circumstances is an adoptee presumptively treated as a relative of the adopter’s family for purposes of construing a devise?237May a will be contested in court?
May a will be contested in court?238Under the UPC and in most states, how old must a person be to make a valid will?
Under the UPC and in most states, how old must a person be to make a valid will?239May an emancipated minor make a valid will?
May an emancipated minor make a valid will?240A boy wrote a holographic will at age 14 to “disinherit my parents.” He died ten years later, survived by his parents and two siblings. Under the U...
A boy wrote a holographic will at age 14 to “disinherit my parents.” He died ten years later, survived by his parents and two siblings. Under the UPC, who takes the probate estate?241What is testamentary capacity?
What is testamentary capacity?242Can a will executed by someone without testamentary capacity be valid?
Can a will executed by someone without testamentary capacity be valid?243What is a lucid interval?
What is a lucid interval?244May a testator have testamentary capacity, even if she does not fully understand the nature and extent of her property?
May a testator have testamentary capacity, even if she does not fully understand the nature and extent of her property?245In general, who are the natural objects of the testator’s bounty?
In general, who are the natural objects of the testator’s bounty?246May a will be contested based on an alleged defect in the testator’s mental capacity?
May a will be contested based on an alleged defect in the testator’s mental capacity?247If a gift in the will was obtained by undue influence, duress, or fraud, does this necessarily invalidate the entire will?
If a gift in the will was obtained by undue influence, duress, or fraud, does this necessarily invalidate the entire will?248What is duress?
What is duress?249What is the difference between the mental capacity required to make an inter vivos gift and the mental capacity required to make a will?
What is the difference between the mental capacity required to make an inter vivos gift and the mental capacity required to make a will?250A testator who was estranged from his family and distressed over an accident in which he was at fault drank heavily and used cocaine. While under t...
A testator who was estranged from his family and distressed over an accident in which he was at fault drank heavily and used cocaine. While under the influence of alcohol and cocaine, the testator wrote a holographic will that left everything to a friend, thus disinheriting the testator’s immediate family. The testator’s handwriting was legible, the will set forth dispositive provisions logically, and he identified the major categories of his property. Under these circumstances, could a reasonable fact finder conclude that the testator was of sound mind?251What is undue influence?
What is undue influence?252Does a finding of undue influence require a testamentary disposition to the alleged wrongdoer?
Does a finding of undue influence require a testamentary disposition to the alleged wrongdoer?253What circumstantial evidence is typically required to show undue influence over a testator?
What circumstantial evidence is typically required to show undue influence over a testator?254For purposes of undue influence, what is an unnatural disposition of property in the will?
For purposes of undue influence, what is an unnatural disposition of property in the will?255Under what circumstances does a presumption of undue influence arise?
Under what circumstances does a presumption of undue influence arise?256What are the three types of confidential relationships under the doctrine of undue influence?
What are the three types of confidential relationships under the doctrine of undue influence?257For purposes of undue influence, in general, what are suspicious circumstances surrounding the preparation, execution, or formulation of the will?
For purposes of undue influence, in general, what are suspicious circumstances surrounding the preparation, execution, or formulation of the will?258An elderly woman who was bedridden because of a degenerative condition received most of her daily care from her daughter and rarely saw other peopl...
An elderly woman who was bedridden because of a degenerative condition received most of her daily care from her daughter and rarely saw other people. The woman’s will left everything to her daughter’s husband, who had not interacted with the woman for years. To prove undue influence, would the woman’s other children be required to show that the daughter’s husband was a wrongdoer or aware of any undue influence?259In general, what is required to invalidate a will provision on fraud grounds?
In general, what is required to invalidate a will provision on fraud grounds?260Does a mere knowing failure to disclose a material fact generally constitute fraud?
Does a mere knowing failure to disclose a material fact generally constitute fraud?261What two types of fraud would invalidate a will provision?
What two types of fraud would invalidate a will provision?262What does it mean to impose a constructive trust on property as a remedy for unjust enrichment?
What does it mean to impose a constructive trust on property as a remedy for unjust enrichment?263What is the appropriate remedy if fraudulent representations cause a testator to retain rather than revoke a will?
What is the appropriate remedy if fraudulent representations cause a testator to retain rather than revoke a will?264May a court impose a constructive trust upon an innocent devisee to prevent unjust enrichment of the devisee as a result of another person’s fraud?
May a court impose a constructive trust upon an innocent devisee to prevent unjust enrichment of the devisee as a result of another person’s fraud?265A man’s two children asked him to sign a document indicating that the man agreed to act as a guarantor on their lease. The document was actually a ...
A man’s two children asked him to sign a document indicating that the man agreed to act as a guarantor on their lease. The document was actually a will purporting to leave everything to the two children, which would disinherit the man’s new wife. The man had no intention of disinheriting his wife and assumed that she and the children would split his estate at his death. However, the man quickly signed the document without looking at it, and the children signed as witnesses. Is the document a valid will?266At common law, may an unambiguous will be reformed to correct a testator’s mistake if there is no fraud or other wrongdoing?
At common law, may an unambiguous will be reformed to correct a testator’s mistake if there is no fraud or other wrongdoing?267Under the prevailing modern trend and the UPC, under what circumstances will courts reform an unambiguous will on grounds of mistake?
Under the prevailing modern trend and the UPC, under what circumstances will courts reform an unambiguous will on grounds of mistake?268What is a mistake in expression?
What is a mistake in expression?269What is a mistake in inducement?
What is a mistake in inducement?270Under the UPC, what evidentiary standard must be met to prove that an unambiguous will was affected by a mistake of fact or law and thus reform the...
Under the UPC, what evidentiary standard must be met to prove that an unambiguous will was affected by a mistake of fact or law and thus reform the will?271A testator’s will left “$200,000 to my son and all the rest to my husband.” Under the UPC, would extrinsic evidence be admissible to show that the ...
A testator’s will left “$200,000 to my son and all the rest to my husband.” Under the UPC, would extrinsic evidence be admissible to show that the testator’s attorney accidentally added an additional zero to what was intended to be a $20,000 gift?272What is a no-contest clause?
What is a no-contest clause?273Under the UPC, under what circumstances is a no-contest clause in a will unenforceable?
Under the UPC, under what circumstances is a no-contest clause in a will unenforceable?274Under what circumstances does probable cause for a will contest exist?
Under what circumstances does probable cause for a will contest exist?275For purposes of a no-contest clause, in what circumstance would litigation concerning the interpretation of a will be treated as a will contest?
For purposes of a no-contest clause, in what circumstance would litigation concerning the interpretation of a will be treated as a will contest?276A woman’s will left $5,000 to each of her children and all the rest to her husband, stating that “anyone who contests this will shall receive nothi...
A woman’s will left $5,000 to each of her children and all the rest to her husband, stating that “anyone who contests this will shall receive nothing.” The woman’s children acknowledged that the woman intended the document to be her will. However, the children contested the will, asserting that the will was formally invalid because there was only one witness, in violation of the state’s attestation requirement. Under the UPC, would the no-contest clause be enforceable against the woman’s children?277In general, who may contest a will?
In general, who may contest a will?278Under the UPC, who may contest a will?
Under the UPC, who may contest a will?279May just any relative of a testator contest the testator’s will?
May just any relative of a testator contest the testator’s will?280At common law, may a testator’s creditors generally contest the testator’s will?
At common law, may a testator’s creditors generally contest the testator’s will?281A testator’s will left everything to her husband and nothing to her children by her ex-husband, who were not adopted by her husband. The testator d...
A testator’s will left everything to her husband and nothing to her children by her ex-husband, who were not adopted by her husband. The testator died, survived by her husband, her children, and her parents. Can the testator’s parents contest the will?282What is a nonprobate transfer?
What is a nonprobate transfer?283What is a will substitute?
What is a will substitute?284To be valid, must a will substitute comply with the same formalities required for a valid will?
To be valid, must a will substitute comply with the same formalities required for a valid will?285Under the UPC, may beneficiaries of will substitutes revocable during the donor’s lifetime be liable to the donor’s probate estate, if the estate i...
Under the UPC, may beneficiaries of will substitutes revocable during the donor’s lifetime be liable to the donor’s probate estate, if the estate is too small to satisfy claims and statutory allowances?286What is an inter vivos gift?
What is an inter vivos gift?287What three elements are traditionally required for a valid inter vivos gift?
What three elements are traditionally required for a valid inter vivos gift?288For purposes of an inter vivos gift, what is delivery?
For purposes of an inter vivos gift, what is delivery?289Under what circumstances is a transfer voluntary, for purposes of deciding whether the transfer is an inter vivos gift?
Under what circumstances is a transfer voluntary, for purposes of deciding whether the transfer is an inter vivos gift?290What does it mean to say that an inter vivos gift must be made without consideration?
What does it mean to say that an inter vivos gift must be made without consideration?291For purposes of an inter vivos gift, what is donative intent?
For purposes of an inter vivos gift, what is donative intent?292For purposes of an inter vivos gift, what is acceptance?
For purposes of an inter vivos gift, what is acceptance?293Is acceptance of an inter vivos gift by a donee presumed under the traditional rule?
Is acceptance of an inter vivos gift by a donee presumed under the traditional rule?294A man owned a collection of rare books and publicly announced that he was thereby donating the books to a university library. The man also sent the...
A man owned a collection of rare books and publicly announced that he was thereby donating the books to a university library. The man also sent the university a list of the books to be donated. The man couldn't deliver the books by himself, as he was too old and infirm, and he had no one to help him move the books. At the man’s death, very soon after he sent the letter the books remained in his possession. Did the man likely make a valid inter vivos gift of the books to the university?295What is joint tenancy?
What is joint tenancy?296In general, what are the four elements of a valid joint tenancy of real property?
In general, what are the four elements of a valid joint tenancy of real property?297If one party to a multiple-party bank account dies, in many states and under the UPC, do the survivors presumptively succeed to ownership of the fu...
If one party to a multiple-party bank account dies, in many states and under the UPC, do the survivors presumptively succeed to ownership of the funds on deposit in proportion to their respective interests?298In some states and under the UPC, in a multiple-party bank account, what is presumptively the extent of the depositors’ beneficial interests in the...
In some states and under the UPC, in a multiple-party bank account, what is presumptively the extent of the depositors’ beneficial interests in the account during life?299Is property held by a decedent as a joint tenant with right of survivorship part of the decedent’s probate estate?
Is property held by a decedent as a joint tenant with right of survivorship part of the decedent’s probate estate?300Under the UPC, is there a presumption that a joint tenancy is created if one person completely funds a multiple-person bank account?
Under the UPC, is there a presumption that a joint tenancy is created if one person completely funds a multiple-person bank account?301During a man’s later life, his property consisted of (1) a bank account without a payable-on-death designation and (2) an interest in land. The man...
During a man’s later life, his property consisted of (1) a bank account without a payable-on-death designation and (2) an interest in land. The man inherited the interest in land from his mother, who devised the land to the man and his sister as joint tenants with right of survivorship and not as tenants in common. The man died with a will leaving all of his property to a charity. What would the charity take under the will?302What is a tentative trust?
What is a tentative trust?303What type of trust is typically created if a person deposits personal funds into a bank account as trustee for the benefit of another individual?
What type of trust is typically created if a person deposits personal funds into a bank account as trustee for the benefit of another individual?304Must a Totten trust comply with the formalities required of a will?
Must a Totten trust comply with the formalities required of a will?305A woman opened a savings account, depositing $10,000 as trustee for her son. Before her death, she withdrew almost all of the funds, leaving a bala...
A woman opened a savings account, depositing $10,000 as trustee for her son. Before her death, she withdrew almost all of the funds, leaving a balance of $100. Has the woman committed a breach of trust?306What is a pay-on-death account?
What is a pay-on-death account?307Under the UPC, would a nonprobate transfer to a former spouse typically be revoked upon divorce?
Under the UPC, would a nonprobate transfer to a former spouse typically be revoked upon divorce?308Under the UPC, may a testator alter or revoke by will a payable-on-death (POD) designation in a bank account?
Under the UPC, may a testator alter or revoke by will a payable-on-death (POD) designation in a bank account?309Do state revocation-on-divorce statutes apply to employee-benefit plans governed by the Employee Retirement Income Security Act?
Do state revocation-on-divorce statutes apply to employee-benefit plans governed by the Employee Retirement Income Security Act?310A man named his wife as the beneficiary of his ERISA-governed pension plan if she survived him. The couple later divorced. The man forgot to change...
A man named his wife as the beneficiary of his ERISA-governed pension plan if she survived him. The couple later divorced. The man forgot to change the beneficiary designation in his pension plan before his death. The state where the man resided had a revocation-on-divorce statute identical to that of the UPC. Is the ex-wife entitled to the pension plan?311What is life insurance?
What is life insurance?312Are annuities and pension and employee-benefit accounts with death benefits one form of will substitute?
Are annuities and pension and employee-benefit accounts with death benefits one form of will substitute?313Is a revocable inter vivos trust potentially one form of will substitute?
Is a revocable inter vivos trust potentially one form of will substitute?314Under the UPC, when do the duties of a personal representative terminate?
Under the UPC, when do the duties of a personal representative terminate?315Who is a personal representative?
Who is a personal representative?316Under the UPC, what classes of people will be appointed to serve as personal representative and in what order of priority?
Under the UPC, what classes of people will be appointed to serve as personal representative and in what order of priority?317Is the personal representative generally entitled to compensation from the estate?
Is the personal representative generally entitled to compensation from the estate?318Does a personal representative have a duty to inform interested persons with a right or claim against the estate that probate has begun, as well as...
Does a personal representative have a duty to inform interested persons with a right or claim against the estate that probate has begun, as well as of any relevant hearings?319Does a personal representative have the same general fiduciary duties toward the estate and its beneficiaries that a trustee owes the trust and its...
Does a personal representative have the same general fiduciary duties toward the estate and its beneficiaries that a trustee owes the trust and its beneficiaries?320In general, does a personal representative have the same powers, with respect to estate property, that a trustee has over trust property?
In general, does a personal representative have the same powers, with respect to estate property, that a trustee has over trust property?321Does the UPC require a personal representative to take inventory of estate property?
Does the UPC require a personal representative to take inventory of estate property?322What is the general procedure to determine whether a creditor’s claim will be allowed against a decedent’s estate?
What is the general procedure to determine whether a creditor’s claim will be allowed against a decedent’s estate?323Under the Due Process Clause, which estate creditors must be given actual notice of the time within which to file claims against the estate?
Under the Due Process Clause, which estate creditors must be given actual notice of the time within which to file claims against the estate?