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V. Products Liability
California Wills Checklist A. Manners of revoking: express & implied (nothing left for will 1)
I. Intent B. Revival: by physical act or subsequent instrument + intent to revive
A. Capacity: 18 + understand extent/objects of will + know nature of act IX. Revocation by Operation of Law
B. Insane Delusion: false belief +sick mind+no evid for belief affects A. Omitted child, spouse or DP: IS + assets in any IV trust; abatement
will B. Final dissolution of marriage/DP: revocation of devise to S/DP
C. Fraud: intentional false misrep of material fact action/inaction by T X. Revocation by Change in Property Holdings (Ademption)
D. Undue Influence: subjugation of (weak) Ts free agency A. Gift Classification: specific; general; demonstrative (hybrid); residuary
a. Statutory UI: drafter, drafters spouse, fiduciary, care custodian B. Ademption by Extinction: type of gift? did T intend it to fail?
II. Mistake C. Ademption by Satisfaction: IV down payments (only for general
A. Content: wrong beneficiary named/gift made (omission or addition) gifts)
B. Execution: T signs wrong doc (no probate b/c no intent) D. Advancements: IV down payment by intestate to heir apparent (no will)
C. Inducement: gift made on basis of erroneous beliefs (gen. FAILS) XI. Contracts not to Revoke or Make a Will
D. Description (ambiguity): unclear who/what (use PE to det. Ts intent) A. Requirements (5 means): material provisions; express reference; writing
E. Dependent Relative Revocation (DRR): mistake in validity of similar, evincing K; agr. btw T & promise; agr. btw T & 3rd party
subsequent will may probate of previously revoked will B. When cause of action accrues: on Ts death
F. Mistake involving living children (pretermission): IS + % of trust assets C. Joint & Mutual Wills: may be evidence of K not to revoke (no
III. Components of the Will presump.)
A. Integration: intent+presence at exec. (prove by phys. or logical connection) D. Remedies available to promise: damages; SP; constructive trust
B. Incorporation by Reference: existing doc IDd in will + intent to XII. Restrictions on Testamentary Dispositions
incorp. A. Spousal/DP Protection: can give only of CP; widows election
C. Facts of Independent Significance: w/o will, fact would still exist B. Unworthy heirs or beneficiaries (Killers): taking nothing under will
D. Pour Over Wills: provision leaving part of estate to inter-vivos trust
XIII. Intestate Succession
a. Validate: by reference; independent significance; UTATA
A. Order: spouse/DP; issue; parents; parents issue; GPs; GPs issue, etc.
IV. Formalities of Execution for Wills
B. Surviving Spouse/DP: of CP/Quasi-SP; SP depends on relations/issue
A. Attested wills: writing + signed by T/rep + 2 Ws who know its Ts will C. Per Capita; per capita w/representation; per stirpes
a. CA substantial compliance doctrine: ok if no fraud or mistake
D. Adopted Children: treated as natural children
B. Interested witnesses: Bs under will ( presumption of invalidity)
E. Non-Marital Children: key Q = did parent/child relationship exist?
C. Conditional wills: conditional by its terms; probated if condition met
D. Holographic Wills: signed by T + material provisions in own writing; XIV. Distribution of the Estate: Who Takes?
must estab. testamentary intent (extrinsic ok); no date reqd A. Posthumous Children: in the womb at death heir
B. Lapse & Anti-Lapse: B must survive T to take (if kindred, issue may
V. Choice of Law
take)
A. Can be probated in CA if complies w/formalities of: CA law; law
C. Simultaneous Death: if 2 die together, each predeceased other
where executed; or law where T domiciled at time of execution
XV. Distribution: What does B Take?
VI. Codicils: provisions that modify/amend/revoke a will
A. After-acquired property: passes through will
A. Republication: from date of execution
B. Increase during Ts lifetime: paid to B if owned at Ts death
B. Revocation: revoking C presumed only C (if c+w, presumed both)
C. Increase after Ts death and during probate: if specific devise, B
VII. Revocation by Physical Act: act + intent must coincide takes
A. Cancellations & Interlineations: crossing out/writing btw lines D. Abatement: of certain gifts to pay for OC/OS
B. Duplicate Wills: if revoked, other duplicate original also revoked E. Exoneration: when debt on gift is extinguished (can take even w/debt)
C. Mutilated Wills: rebuttable presumption that T intended to revoke XVI. Will Substitutes
VIII. Revocation by Subsequent Written Instrument
A. Gifts causa mortis (personal prop + delivery); Totten Trusts (see
trusts)