weaknesses

Question 1

prerequisites for marriage

Answer 1

1. no legal impediment (bigamy, too closely related, age) (absolute nullity)
2. marriage ceremony (with qualified celebrant or someone that the spouses reasonably believe is a qualified celebrant (absolute nullity)
3. mutual consent expressed at ceremony (relative nullity

Question 2

putative marriage doctrine

Answer 2

even if a marriage is absolutely null, it may still produce civil effects as long as one spouse is in good faith when contracting the marriage

Question 3

what are the civil effects derived from putative marriage

Answer 3

right to CP and spousal support

Question 4

how long do civil effects last under putative marriage doctrine

Answer 4

end when spouses cease to be in GF
exception: if bigamy is the impediment, civil effects remain even after innocent spouse learns of impediment until either (1) official declaration of nullity; or (2) nonbigamous innocent spouse remarries

Question 5

creditors’ rights in relation to administration of estate

Answer 5

universal successors are liable to creditors for payment of estate debts in proportion to the part which each has in the succession (only liable for extent of property value received by him)

Question 6

when creditor asserts rights after administration of the estate, and successors have been pain in whole or in part, where can creditor get money from?

Answer 6

1. assets remaining under administration of the estate
2. successors to whom administration was made
3. unsecured creditors who received payments, in proportion to the amounts paid by them.

Question 7

requirements for disinherison

Answer 7

1. express
2. identifiable/name
3. form prescribed for wills
4. reasons, facts, or circumstances for just cause

Question 8

what are the defenses to disinherison?

Answer 8

1. reconciliation –clear and convincing evidence; writing by testator clearly and unequivocally proves
2. age/mental incapacity –preponderance
3. unintentional –preponderance
4. justified –preponderance