 Life is 100% fatal.  1. Physical Strength and/or Finding.

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Presentation transcript:

 Life is 100% fatal.

 1. Physical Strength and/or Finding

 2. Bury with Decedent

 3. Intestate Succession

 4. Wills

 5. Will Substitutes

 Common Law Split:  Crown = real property  Church = personal property

 Descent = succession to real property

 Distribution = succession to personal property

 Heir = person who receives property from an intestate decedent

 At common law –  Will = real property  Testament = personal property

 Devise = gift of real property

 Bequest = gift of personal property

 Legacy – gift of money X

 Beneficiary = any recipient of property (any type)

 Codicil = amendment to an existing will

 1. Legal Capacity

 2. Testamentary Capacity (“sound mind”)

 1. Legal Capacity  2. Testamentary Capacity  3. Testamentary Intent

 1. Legal Capacity  2. Testamentary Capacity  3. Testamentary Intent  4. Formalities  Attested will (written, signed, witnessed)  Holographic will (handwritten, signed)  Nuncupative will (oral)

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