b) Basic Intestacy Scheme
i) Spouse/issue à parents/issue à grands/issue (1/2 each) à great grands/issue (1/2 each)
ii) 120 hours survival
iii) Representation (first alive/issues take) v. Per Stirpes (first ever alive)
c) Disclaimer (predeceased; but not for representation)
d) Children (illegitimate–> adjudication, half-blood and adopted)
f) Slayer Disqualification
2) Execution of Wills
a) Capacity to Make/Revoke Will à sound mind
b) Undue Influence (clear convincing coercion)
c) Mistake and Fraud
i) Mistakeà Inducement, effect
ii) Fraud à execution, inducement
d) Execution Requirements
i) In General (writing, signed, 2 witnesses)
(1) Supernumerary exception
(2) Interested Witnesses (takes to intestate or earlier will)
iii) Choice of Law
(1) Probated gets FFC
(2) Executed considered valid
e) Republication By Codicil
i) Application: attached or writing confirms
ii) Effect: will executed on that date.
f) Content of Wills
i) Amendments: req. formalities
ii) Integration: all docs intended
iii) Incorporation by Reference: documents must already exist + language manifesting intent + sufficient identification
iv) 2-512 Memos: must be handwritten or signed + describe tangible personal property.
v) Acts of Independent Significance.
vi) In Terroram Clauses: effective only if lack probable cause.
3) Revocation of Wills
a) By Operation of Law
i) Marriage: no
ii) Divorce: Ex considered predeceased.
b) By Subsequent Writing: need same formalities, capacity and intent as will. Can be explicit or implicit.
c) By Physical Act. Must touch the writing. Cannot a
ive devise w/ funding
e) Lapse. Check date of death/any predeceased takers? If so, they lapse. If blood-relative, issue take in place. If class of takers, blood issue of deceased class member takes.
5) Family Protections
i) Elective Share – 1/3
ii) Omitted Spouse Share – only if will, then marriage, then no edits/republications, etc… Can be omitted even if in will (if bequest not in contemplation of marriage). If omitted, take intestate share, unless contrary intent/bequest.
b) Children: ifbornafter will made, take intestate unless exceptions.
6) Other Subjects
a) K to Will
b) Power of Appointment
c) Power of Attorney
d) Intentional Interference With Inheritance.