Wills, Trusts & Estates

What are the three standard formal requirements for a validly executed will under the Uniform Probate Code (UPC)?

A valid will must be in writing, signed by the testator (or in their conscious presence and by their direction), and signed by at least two witnesses (or notarized).

What is a holographic will, and what is the UPC's requirement regarding its material provisions?

A holographic will is a handwritten will. Under the UPC, it is valid without witnesses if the signature and material portions of the document are in the testator's handwriting.

How can a testator revoke a will by physical act?

A testator can revoke a will by performing a physical act such as burning, tearing, canceling, obliterating, or destroying the document with the simultaneous intent to revoke it.

What is the doctrine of Dependent Relative Revocation (DRR)?

DRR is an equitable doctrine that allows a court to disregard a revocation if it was based on a mistake of law or fact, provided the court determines the testator would not have revoked the will had they known the truth.

What is a codicil, and what effect does it have on the original will?

A codicil is a later testamentary instrument that amends, alters, or modifies a previously executed will, and it republishes the original will as of the date the codicil is executed.

Under the UPC, what share of the intestate estate does a surviving spouse receive if the decedent leaves no surviving descendants or parents?

Under the UPC, if the decedent leaves no surviving descendants or parents, the surviving spouse receives the entire intestate estate.

What is the difference between strict 'per stirpes' and 'per capita at each generation' distribution?

Strict per stirpes divides shares at the first generation of children regardless of whether any are alive, while per capita at each generation pools the shares of deceased members at a generation and divides them equally among the next generation's takers.

What are the five essential elements required to create a valid express private trust?

The five elements are: intent to create a trust, trust property (res), a designated trustee, ascertainable beneficiaries, and a valid trust purpose.

What is the difference between a resulting trust and a constructive trust?

A resulting trust is an implied-in-fact trust created to return property to the settlor when an express trust fails, whereas a constructive trust is an equitable remedy imposed by a court to prevent unjust enrichment.

Under the Uniform Trust Code (UTC), is an inter vivos trust presumed to be revocable or irrevocable?

Under the UTC, an inter vivos trust is presumed to be revocable unless the trust instrument expressly provides that it is irrevocable.