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WILLS CH 5
| Term | Definition |
|---|---|
| What are the three major concerns of testamentary capacity? | Age, Menatal ability and Intent |
| What are the four challenges to the validity of a will? | Fraud, Menace, undue influence, temporary incapacity |
| May a person disinherit a spouse? | Most states prohibit disinheriting a suriving spouse. The spouse is still entitled to a statutory share. |
| In community porperty states, may a spouse leave shi or her poriton of the property to persons other than the surviving spouse< | yes |
| Antenuptial Agreements | A surviving spouse may voluntarily waive any right to a deceased spouse's property by means of a valid antemuptial agreement that delinates each person's property rights upon death. |
| What are 6 general principles that should be considered before a will is drafted? | 1. avoid using printed forms, 2. clearly describe all assests specifically given away in the will 3. avoid all erasures 4. after the will is executed, make no changes on the will 5.use simple language 6.number all pages and clauses and have each page sign |
| What are 5 general principles that should be considered before a will is drafted? | 7. alway have a residuary clause 8.a marital deductin provision if married 9. no angrey words 10 no video will |
| What are 6 general principles that should be considered before a will is drafted? | 10 provide a draft to the client before execution and discuss its provisins with him or her 12. do not maek duplicate originals 13 avoid joint and jutual wills 14. leave the will in an accessible place |
| What are the 24 general clauses in a will | Heading, exordium,publication, family status, appoint.personal representative,appoint ancillary executors, appoint guardians |
| What are the 24 general clauses in a will | rights and duties of personal reps, funeral and dispo of body, minors clause, specific and general testamentary gifts, marital deduction, trust , qtip trust. |
Created by:
profluis
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