Wills Trusts and Estates Flashcards

A will devises 'my 100 shares of Acme stock to my nephew,' but the testator sold those shares before death. Under the doctrine of ademption, the nephew receives:

Answer: Nothing, because the specific gift adeemed by extinction

A specific devise fails by ademption when the identified property is not in the estate at death.

A testator's estate is insufficient to pay all gifts in her will. Which gifts abate first?

Answer: Property passing by intestacy, then residuary gifts, then general gifts, then specific gifts

Abatement generally proceeds from intestate property to residuary, then general, and finally specific devises.

A testator's will leaves property 'to my sister Ann,' but Ann predeceases the testator, leaving a daughter. Under Oklahoma's anti-lapse statute, the gift:

Answer: Passes to Ann's daughter because Ann was a qualifying relative who left issue

Oklahoma's anti-lapse statute saves gifts to predeceasing relatives of the testator by substituting their surviving issue.

A child is born to a testator after the will's execution, and the will neither provides for nor intentionally omits the child. Under Oklahoma law, the child:

Answer: Takes an intestate share as a pretermitted child

A pretermitted child in Oklahoma receives the share they would have taken had the testator died intestate, unless intentional omission appears from the will.

A typed document is found in the testator's desk stating how she wants specific jewelry distributed; it is referenced in her valid will as existing at execution. It may be given effect under:

Answer: Incorporation by reference

A writing in existence when the will was executed may be incorporated by reference if the will identifies it and shows intent to incorporate.

A testator revokes Will 1 by executing Will 2, then destroys Will 2 mistakenly believing this revives Will 1. A court may probate Will 1 under:

Answer: Dependent relative revocation is inapplicable; revival rules determine whether Will 1 is revived

Whether Will 1 returns to effect depends on the jurisdiction's revival rules, which in Oklahoma turn on the testator's intent shown by the circumstances.

An heir who feloniously and intentionally kills the decedent in Oklahoma:

Answer: Is barred from inheriting from the victim under the slayer rule

Oklahoma's slayer statute prevents a person who feloniously and intentionally kills the decedent from taking by will or intestacy.