What is testamentary capacity?

Testamentary capacity generally requires that the testator understand the nature of making a will, the general nature of the property, the natural objects of bounty, and the disposition being made.

What formalities are generally required for a valid attested will?

An attested will generally must be in writing, signed by the testator or at the testator's direction, and witnessed by the required number of competent witnesses in the manner required by statute.

How can a will be revoked?

A will may generally be revoked by a later valid testamentary instrument or by a physical act such as burning, tearing, canceling, obliterating, or destroying with intent to revoke.

Intestacy is the statutory scheme governing distribution of a decedent's probate estate when there is no valid will or when the will does not dispose of all probate property.

What is ademption by extinction?

Ademption by extinction occurs when specifically devised property is not in the estate at death, so the beneficiary usually takes nothing unless an exception or statute applies.

What is the elective share?

The elective share is the surviving spouse's statutory right to claim a prescribed portion of the decedent spouse's estate despite contrary will provisions.

What is a no-contest clause?

A no-contest clause purports to penalize a beneficiary who unsuccessfully challenges a will, though enforceability and exceptions vary by state.

Probate is the court-supervised process of proving a will, appointing a personal representative, paying valid claims, and distributing probate assets.

A codicil is a testamentary instrument that amends, supplements, or republishes an existing will and must be executed with the same formalities as a will.

What is a nonprobate transfer?

A nonprobate transfer passes by operation of law or contract outside the probate estate, such as joint tenancy survivorship property, life insurance proceeds, or revocable trust assets.

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Wills & Estates | MEE Subject | Critical Pass Flashcards

Critical Pass

Wills & Estates | MEE Subject | Critical Pass Flashcards

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Study 100 Wills & Estates MEE flashcards covering testamentary capacity, execution, revocation, intestacy, omitted heirs, elective share, ademption, abatement, probate, will contests, and nonprobate transfers.

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Wills & Estates | MEE Subject | Critical Pass Flashcards

100 high-yield Wills & Estates flashcards designed for MEE review. Study capacity, execution, revocation, interpretation, intestacy, family protections, ademption, probate, will contests, and nonprobate transfers in one clean study section.

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