(Extrinsic evidence NOT ok). How is per capita with representation calculated. 1) Burned torn cancelled destroyed or obliterated. Identity of recipient beneficiary or what gift is intended may be given meaning by facts of significance INDEPENDENT FROM WILL. by mariam_21, Jun. Constructive trustee has ONE OBLIGATION, to transfer the property to the proper beneficiary as determined by the court. Beneficiary can't transfer rights to future payments of income or principal AND creditors cannot attach beneficiaries rights to future payments or principle. But in CA it goes to beneficiary IF: 1. testator owned stock at time will was executed, 2. securities matched those being gifted in the will, 3. the change was initiated by the corporate entity, not by testator, Specific devise: under common law, it is adeemed by extinction b/c no longer exists. The bank account appears to not be a true trust - it is a Totten "trust" or Totten account. Many rules sound the same but are different. What is abatement, and how do you apply it when you have an omitted party? Where witness is beneficiary under the will, Conditional wills i.e. If had intent, can recover the value of the adeemed property. Delivery will be made to your PayPal e-mail. Feloniously or intentionally kill the decedent. Cannot voluntarily alienate (defeats purpose), Discretionary trusts: full, sole, and absolute discretion in trustee, - Can voluntarily alienate?
Ademption by extinction applies for specific gifts.

. UTATTA (Uniform Testamentary Additions to Trusts Act) [if a valid trust existed before will or at time of execution, then valid by statute] Bill opens a bank account under "Bill, as trustee for Mary Smith." (If it were not a class gift but to "Laura and Eric," Eric's share would fall into the residuary estate.

Rules of Interpretation of Instruments, Sections 21105, 21109, 21110, 21137 Part 6. However, DRR is not applied when the subsequent instrument revoking the will and making the alternative disposition is defectively executed. Intestate heirs must survive by 120 hours, must be shown by clear and convincing evidence. What are the concerns with cancellations and interlineations? David takes nothing. ", * No self-dealing - courts apply "no further inquiry rule", trustee's good faith and reasonableness is irrelevant, * Conflict of interest - must act in best interest of beneficiaries. Know what they are. Need clear and convincing evidence that a will beneficiary died after the testator. Restraints on alienation... define, and state the limitations, of: Spendthrift trusts: "... may not transfer his right to future payments... no creditor shall be allowed to attach any beneficiary's right to future payments...", * those who provide necessities of life to B, Support trusts: to support beneficiary's "health, support, maintenance, and education", - difference re: alienation? BUT under CA law, depends on testator's intent to adeem at the time he disposes of the property. {"cdnAssetsUrl":"","site_dot_caption":"Cram.com","premium_user":false,"premium_set":false,"payreferer":"clone_set","payreferer_set_title":"BarBri CA Wills and Trusts","payreferer_url":"\/flashcards\/copy\/barbri-ca-wills-and-trusts-636642","isGuest":true,"ga_id":"UA-272909-1","facebook":{"clientId":"363499237066029","version":"v2.9","language":"en_US"}}. Essays Performance Test Multistate Bar Exam ... Construction of Wills, Trusts and Other Instruments Part 1. Click to Rate "Hated It" Click to Rate "Didn't Like It" Click to Rate "Liked It" Click to Rate "Really Liked It" Click to Rate "Loved It" 4.5 1; Favorite. state remedies for each, too), Duty to Preserve Trust Property / Prudent Investor Rule. The trustee must exercise that degree of care, skill, and prudence that would be exercised by a reasonably prudent person in managing her own property. We'll bring you back here when you are done. "per stirpes" - divided among the generation is the one right below the decedent, even if none are alive. Know the difference. Wills and Trusts Cheat Sheets Get the Black Letter Law for Commonly Tested Rules. But in fact will #2 IS INVALID or does NOT effectuate his INTENT. Mistake a. What is Simultaneous death, under a intestacy, and what happens? Integration refers to which papers make up the will. Scott Pearce’s Master Essay Method - Wills Approach WILLS APPROACH I. Validity: Capacity, Intent and Formalities A. Where it cannot be determined by clear and convincing evidence that beneficiary survived testator. There will be a second PayPal email sent to you. Protecting the public & enhancing the administration of justice. Please select the correct language below. religion), Indefinite (unnamed) beneficiaries (if "one's poor relatives," split of authority b/c few, but against poverty), - [can apply cy pres doctrine to charitable trusts], "The doctrine of cy pres allows the court to apply the trust property to another charitable purpose, if that indicated by the settlor is as accomplished or becomes impractical. Anna's gift ______. During my lifetime, I write a check to my sister Anna for that same amount. Subjects: and bar barbri bri ca california exam trust trusts will wills . ", "Trustee, in his sole and absolute discretion, shall pay the amount needed for the beneficiary's support and maintenance", "I devise $100,000 to Abel as trustee...", State rule for semi-secret trusts (no beneficiary named). The State Bar of California tests certain issues … What are the consequences of no capacity? Your answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns.
to bank in trust 'to A but if liquor is ever sold, then to B'. What's the problem and how do we resolve it?


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