• ademption - specific gift no longer in estate
  • satisfaction of gift - gift has already been given
  • change in value of gift - know special rules for corporate securities
  • interest on pecuniary gift - interest starts accruing one year after death if gift has not been distributed
  • exoneration of debts on specific gifts - CA presumes no exoneration; refers to paying off debts on specific gifts before beneficiary receives the property
  • abatement - reduction or elimination of a testamentary gift to pay an obligation of the estate or a testamentary gift of a higher priority
  • apportionment of tax - presumed in CA; all beneficiaries pay their fair share of taxes
  • affect of marriage - think about wills prior to marriage
  • divorce of testator - how affects ex-spouse
  • ommitted children - how to create ommitted child's share
  • lapse/anti lapse - beneficiary fails to survive testator
  • cy pres - substitution of charities
  • ambiguities - latent, patent, no apparent ambiguity
    pnemonic - ASCIEAAADOLCA

  • external integration - establish testator's will by piecing all documents together
  • incorporation by reference - having an extrinsic document being part of the will even though it is not physically part of the will
  • facts of independant significance - impact of facts outside will on property distribution
  • precatory language - language that is not binding (I wish, I recommend, I suggest)
  • class gifts - specific beneficiaries are not named
  • conditional gifts - condition subsequent (punishment) and precedent (reward)
  • contractual will - contract to make a will, not to revoke, to die intestate
  • will is result of election - gives the beneficiary options: either keep something don’t get the money
  • non-probate assets - will does not govern thiungs such as joint accounts, trusts, survivorship accounts
    phemonic - EIFPCCCWN

Copyright © Thompson Resources, 1999, all rights reserved.