- 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
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