 1. Mental Capacity  2. Revocation Intent  3. Physical Act – EC § 253.002  “destroying or canceling” ▪ By testator, or ▪ By proxy in testator’s.

Slides:



Advertisements
Similar presentations
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
Advertisements

 1. Mental Capacity  2. Revocation Intent  3. Physical Act -- § 63  “destroying or canceling” ▪ By testator, or ▪ By proxy in testator’s presence.
Estate Planning Wills Wills Trusts Trusts Insurance Insurance Class 8.
Estate Planning Intestate Succession Intestate Succession Wills Wills Trusts Trusts Class 9.
 Child born or adopted after Testator executes the will. ▪ Note: Some states include children born before will execution who are omitted from the will.
Writing a Will.
Final Draft and Execution of a Valid Will
 Attested (witnessed)  Holographic (handwritten)  Nuncupative (oral)  Others  Military  Notarized (UPC)
Wills, Intestacy, and Estate Planning
 1. Exclusion of natural objects of bounty  2. Unequal treatment of children.
 1. Ademption  2. Divorce  1. Ademption  2. Divorce  3. Lapse.
 No requirement regarding what written on or with.
 In about 50% of the states including Texas, removes the attestation requirement.  Some states add requirements before witnessing excused such as: ▪
 Gift fails (lapses) because beneficiary dies before testator.
Estate Planning Wills Wills Trusts Trusts Insurance Insurance Class 8.
Transfers at Death Wills February 14, 2008 Rachel Kirk.
Intro & Overview Two Basic Methods of Transfer at Death By Will By Statute (No Will) Testate Intestate.
 1. What law applies?  Personal property = intestate’s domicile at death  Real property = situs of real property.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 52: Wills, Trusts, and Living Wills Chapter 52: Wills, Trusts, and.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 WILLS, TRUSTS, AND ELDER LAW © 2010 Pearson Education, Inc., publishing as Prentice-Hall.
 Single document containing wills of two or more persons.
The Law of Contract Unit 1.
 Determine testator’s actual intent from will or permissible extrinsic evidence.
Chapter 21.2: Estate Planning
Wills, Trusts, and Living Wills
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Wills, Trusts and Estates Chapter 14. Terminology Decedent – the one who dies Heirs – the persons who take property from the decedent when the decedent.
Succession Justin Brown 13th Wentworth Selborne Chambers.
45.1 b a c kn e x t h o m e Chapter 45 Objectives Describe a will, its characteristics, and the limitations on disposition of property. Explain formalities.
 A will which states that it is effective only if a stated event occurs (or does not occur).  “This will is effective only if I die in 2012.”  “This.
Chapter 46 Wills and Trusts. 2  What are the basic requirements for executing a will?  How may a will be revoked?  What is the difference between a.
Chapter 5 Wills: Validation Requirements, Modification, Revocation, and Contests.
26-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
Review for Midterm Exam Intestacy, Administration, Wills.
Copyright © 2009 by Pearson Prentice Hall. All rights reserved. PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6 th Edition.
 Upon felony or treason conviction, all property to government.  Prohibited in Texas.  Constitution Art. I, § 21  EC § (a)
45.1 Law for Business, 15e by Ashcroft Chapter 45: Wills, Inheritances, and Trusts Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business,
 Attested (witnessed)  Holographic (handwritten)  Nuncupative (oral)  Others  Military  Notarized (UPC)
24-1 Legal Consequences of Death 24-2Trusts 1 Chapter 24 CHAPTER 24.
 A will which attempts to devise/bequeath property which a beneficiary owns.  “I leave Bill Smith’s car to Margaret and I leave Bill Smith $1,000.”
 Gift fails (lapses) because beneficiary dies before testator.
WILLS PA 221 – Unit Six. Unit 6 Assignment Draft a Will Lear Fact Pattern 4-6 Pages Double-Spaced LOOK AT PP and !!
 Event must occur before beneficiary may claim the gift.  “I leave $10,000 to X if she is a law school graduate at the time of my death.”
Unit 7: Wills, Estates, and Trusts. Wills Will provides for a Testamentary disposition of property. –A will is the final declaration of how a person desires.
The Law of Succession: Death Testate or Intestate
Chapter 21.2: Estate Planning
The Last Will and Testament
It is based on a personal relationship Eph 4:14,17
Pour Over Provisions.
Wills Introduction.
مراجعة عامة.
Lapse.
4. Formalities Introduction
Wills.
Legal Consequences of Death
ВОМР Подмярка 19.2 Възможности за финансиране
Споразумение за партньорство

4. Formalities Introduction
Lapse.
Will Contest Grounds.
Revival.
Combination Wills.
4. Formalities Holographic Wills EC §
Revocation by Subsequent Writing Estates Code §
Revocation by Physical Act
Contents.
Election Wills.
Mistake.
Pour Over Provisions.
Presentation transcript:

 1. Mental Capacity

 2. Revocation Intent

 3. Physical Act – EC §  “destroying or canceling” ▪ By testator, or ▪ By proxy in testator’s presence.

 4. Concurrence of first three requirements.

 1. If no evil conduct  No remedy – will is not revoked.

 2. If evil conduct  Constructive trust.  Morris v. Morris – p. 180

 Examples:  I leave $10,000 to Walter Bishop  I leave $10,000 to each of Walter Bishop and Peter Bishop.  Approach varies by jurisdiction:  Effective to revoke gift  No effect on gift  What policy supports each approach?

 Texas  Typed will – Leatherwood v. Stephens – p. 183  Holographic will

1. I leave my house to X. 2. I leave $10,000 to Y. 3. I leave the rest to Z. What result?

Feedback: Privacy Policy Feedback
Do Not Sell My Personal Information
About project: SlidePlayer Terms of Service

© 2025 SlidePlayer.com. Inc. All rights reserved.