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Wills and Estates_ Judge Lee Spring 2011 I.

Intestacy: An estate plan by default UPC 2-101 (Intestate Estate) a. Definitions: i. Intestate succession: statutory provisions where a decedents assets are distributed to heirs/next of kin when there is no will 1. Real property descends to heirs 2. Personal property is distributed to next of kin b. Share of the Surviving Spouse i. UPC 2-102 (Share of Spouse) c. Share of Descendants i. UPC 2-103 (Share of Heirs other than Surviving Spouse) ii. UPC 2-105 (No taker) IF there is no taker under the provisions of this article, the intestate passes to the state iii. UPC 2-106 (Representation Definitions) d. Share of Ancestors and Collaterals e. Transfer to Children i. UPC 2-113 (Ind. Related to Decedent through two lines) An ind. who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share ii. UPC 2-114 (Parent Barred from Inheriting in Certain Circumstances) iii. UPC 2-109 (Advancements) f. Bars to Succession i. Homicide 1. UPC 2-803 (Effect of Homicide on Intestate Succession) 2. Gallimore v. Gallimore ii. Disclaimer II. Execution of Wills a. Definitions: i. Will: a written/oral representation of a persons intention concerning the distribution of that persons real and personal property ii. Holographic will: handwritten will; generally not executed in accordance with local statutory requirements Page 1 of 4

Wills and Estates_ Judge Lee Spring 2011 iii. Codicil: addition, addendum, modification to an existing will iv. Testator: person who dies with a will v. Executor: person named in a will to execute or carry out the terms of the will; often referred to as a personal representative vi. Administrator: where no person is named as executor and the court appoints someone to oversee the estate; also known as personal representative vii. Devise: to give real property through a will 1. Devisee: recipient of real property viii. Bequeath: to give personal property through a will 1. Legatee: recipient of personal property ix. Will substitutes: property distributed outside will or intestate succession and without the need for probate proceedings b. Generally i. UPC 2-502 (Execution; Witnessed or Notarized Wills; Holographic Wills) ii. UPC 2-503 (Harmless Error Rule) iii. UPC 2-504 (Self-Proved Will) iv. UPC 2-505 (Who may witness a will) v. UPC 2-517 (Penalty Clause for Contest) c. Mental Capacity i. Generally ii. Insane Delusions iii. Undue Influence iv. Fraud v. Duress d. Unattested Documents (Holographic Wills) i. UPC 2-502(b) (Holographic Wills) A will that does not comply with subsection (a) is valid as a holographic will; whether or not witnessed, if the signature and material portions of the document are in the testators handwriting III. Revocation of Wills a. UPC 2-507 (Revocation by Writing or by Act) Page 2 of 4

Wills and Estates_ Judge Lee Spring 2011 b. UPC 2-509 (Revival of Revoked Will) c. Revocation by Writing or Physical Act d. Dependent Relative Revocation (and Revival) IV. Problems created by Lapse of Time a. UPC 2-603 (Antilapse; Deceased Devisee; Class Gifts) b. UPC 2-605 (Increase in Securities/Accessions) c. Death of Beneficiary before Testator i. Class Gifts d. Change in Property- Ademption V. Restrictions on Power of Distribution a. UPC 2-202 (Elective Share) b. UPC 2-203 (Composition of the Augmented Estate; Marital Property Portion) c. UPC 2-204 (Decedents Net Probate Estate) d. UPC 2-205 (Decedents Nonprobate Transfers to Others) e. UPC 2-301 (Entitlement of Spouse; premarital will/ omitted spouse) f. UPC 2-302 (omitted children) VI. VII. VIII. Will Contracts Interpretation of Wills Trusts a. Definitions: i. Trust: separation of legal and equitable title ii. Settlor: person who creates a trust; either testamentary or inter vivos iii. Trustee: person/agent with fiduciary responsibility to oversee and hold legal title to property in trust iv. Beneficiary: person who holds equitable title to property held in trust; may receive income or benefit from the property b. Creation of Trusts c. Necessity of Trust Property d. Necessity of Trust Beneficiary Page 3 of 4

Wills and Estates_ Judge Lee Spring 2011 e. Discretionary Trust f. Modification and Termination

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