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Published byDavid Oliver Modified over 9 years ago
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Life is 100% fatal.
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1. Physical Strength and/or Finding
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2. Bury with Decedent
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3. Intestate Succession
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4. Wills
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5. Will Substitutes
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Common Law Split: Crown = real property Church = personal property
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Descent = succession to real property
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Distribution = succession to personal property
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Heir = person who receives property from an intestate decedent
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At common law – Will = real property Testament = personal property
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Devise = gift of real property
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Bequest = gift of personal property
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Legacy – gift of money X
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Beneficiary = any recipient of property (any type)
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Codicil = amendment to an existing will
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1. Legal Capacity
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2. Testamentary Capacity (“sound mind”)
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1. Legal Capacity 2. Testamentary Capacity 3. Testamentary Intent
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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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