Create an account
imposes a trust if court concludes that words such as 'hope, request, rely' illustrates intent of x to give a benefit to y
provision in the trust instrument that removes it from beneficiary's control (thus preventing beneficiary's creditors' from seizing it). Once they receive income, it can be seized. The beneficiary cannot assign the rights to someone else (creditor)
a savings account deposited by someone who makes themselves the trustee for a beneficiary and who controls it during their lifetime
a trust created by a court (regardless of the intent of the parties) to benefit a party that has been wrongfully deprived of its rights (agent makes a profit, the profit is held for principal) - more about rectifying misconduct than doing what was intended
a trust created by a court when it is judged that it was the intention of the parties to create a trust
one entitled to an estate when rights to a precedent estate have expired (they don't necessarily have to die: income from property goes to income beneficiary; sale of it goes to remainderman)
must have two witnesses to the signing or acknowledgment of the will; must not be 'interested' parties (but if they are 'interested', they can be -under some laws-voided as beneficiary)
subsequent will doesn't always revoke past wills. must have language in it specifically revoking prior wills. otherwise, parts that aren't consistent with the new will may be revoked
Birth of child
Common - revoke as far as child is concerned if omitted by accident; UPC - no unless omission was intentional
pays specific gifts first; then pays general, then residue. can be bad if will wasn't changed in a while (still pays specific, but remainder is smaller or nothing)
changed circumstances render the specific gift impossible (land sold). Sometimes, if intent is there, court will modify (if land sold and new land bought)
UPC doesn't allow them (must be in writing!). usually only made under last illness, and limited to personal property (under 1000)
written will entirely by testator is valid even if not witnessed (only half of jurisdictions)
Soldier's and Sailor's Will
while they are away, they can make an oral will (but usually it cannot pass real estate)
intestate decedent's parent's weren't allowed anything under common law. Today, they are the last on the list
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