1
Q
What is the primary purpose of a will?
A
To determine where property passes upon death
2
Q
What unique provision does California allow regarding wills?
A
Wills with ‘harmless errors’ in their formalities can be probated under certain circumstances
3
Q
What are will substitutes?
A
Life insurance, joint tenancies, tenancies by entirety, inter vivos trusts, survivorship and pay on death bank accounts, deeds, contracts, and inter vivos gifts, including gifts causa mortis.
Will substitutes may enable individuals to reduce taxes and eliminate the cost and inconvenience of probate.
4
Q
How do will substitutes affect probate?
A
Property governed by a probate avoidance technique does not pass through probate and is not governed by the testator’s will or by intestacy.
These assets must be removed from the decedent’s estate before distributing property under a will or via intestacy.
5
Q
What happens to property given away by the decedent before death?
A
It will not pass under the decedent’s will or by intestacy.
This includes inter vivos outright gifts.
6
Q
What is the significance of inter vivos trusts?
A
Property transferred into a trust does not pass through the decedent’s estate but under the terms of the trust.
7
Q
What defines an inter vivos revocable trust?
A
A trust that can be revoked by the settlor and is valid even if the settlor is the sole trustee and beneficiary during their lifetime, provided it names successor beneficiaries.
8
Q
What controls the terms of a life insurance policy?
A
The terms of the policy, which is deemed to be a contract.
If the policy says the property goes to X, it goes to X even if the will says otherwise
9
Q
Are the proceeds of a life insurance policy considered a probate asset?
A
No, the policy proceeds are not a probate asset.
10
Q
What is a gift causa mortis?
A
A gift of personal property made in contemplation, fear, or peril of impending death with intent that it will be revoked if the giver recovers
This type of gift assumes that the donor is facing a realistic fear of approaching death.
11
Q
What condition must a donor be in to make a gift causa mortis?
A
The donor must be suffering from a condition that realistically confronts them with a fear of death
Abstract fears, such as fear of flying or death in war, do not qualify.
12
Q
What are the delivery methods for gifts in view of impending death?
A
- Actual physical delivery
- Constructive delivery (ex: delivering keys)
- Symbolic delivery (a written instrument)
13
Q
What happens to a gift causa mortis if the donor recovers?
A
The gift is revoked by operation of law
However, if they die even not from same condition, before revoking, the gift will be valid
14
Q
Is a gift in view of impending death revocable?
A
Yes, it is revocable
The donor can revoke it through any affirmative act indicating such intention.
15
Q
What occurs if the donee fails to survive the donor?
A
The gift is revoked by operation of law
16
Q
Are gifts in view of impending death subject to creditor claims?
A
Yes, they are subject to claims of creditors of the donor’s estate
17
Q
What is total intestacy?
A
Total intestacy occurs when a decedent dies without having made a will or their will is denied probate.
18
Q
What is partial intestacy?
A
Partial intestacy occurs when a decedent’s will does not dispose of all of the decedent’s property due to a failed gift or lack of a residuary clause.
19
Q
What is the basic idea of intestate succession?
A
Under intestate succession, property remaining after the intestate’s debts and taxes are paid passes to the intestate’s heirs.
20
Q
Can the distribution scheme of intestate succession be altered?
A
No, the distribution scheme cannot be altered to fit the decedent’s intent, regardless of evidence showing the decedent’s wishes.
21
Q
What law determines ownership of property if the decedent was married at the time of death?
A
The law of the domicile at the time the property was acquired determines ownership.
22
Q
Do marital rights change when a couple moves to a different state?
A
Marital rights do not change unless the new state has special rules, such as those in California regarding quasi-community property.
23
Q
Which state’s intestacy law applies to personal property?
A
The law of the decedent’s domicile at death applies to personal property.
24
Q
Which law applies to real property in intestate succession?
A
The law of the place the property is located applies to real property.
25
What happens to the property if the intestate is not survived by at least one descendant?
All property not passing to the surviving spouse passes to ancestors and collaterals.
26
How is property divided between parents if the intestate has no children?
If both are alive, each parent receives one-half.
If only one is alive, the surviving parent recives all
## Footnote
Only applies to property not going to surving spouse when there are no children for it to pass to
27
Who inherits the property if no parent survives?
The property is inherited by the parents’ descendants (siblings, nieces, nephews, etc.) on a per capita with representation basis.
28
What is the inheritance order if no parent or descendant of a parent survives?
The property is inherited by the grandparents and their descendants.
29
Who inherits the property if there are no surviving parents, descendants of parents, grandparents, or their descendants?
The descendants of a predeceased spouse inherit the property.
30
What happens if none of the closer relatives survive the intestate?
More distant relatives (descendants of great-grandparents) inherit.
31
Who inherits the property if there is no surviving next of kin?
The parents or descendants of a predeceased spouse inherit.
32
What occurs to the intestate’s property if none of the relatives survive?
The property escheats to the state of California.
33
What happens to property inherited from a predeceased spouse if the surviving spouse dies without descendants?
It passes to the deceased spouse’s heirs rather than the surviving spouse’s heirs.
34
What type of property passes to the deceased spouse's heirs if the surviving spouse dies without descendants?
Real property* and personal property worth over $10,000.
## Footnote
unless the deceased spouse died 15 years prior
35
Under what condition does real property inherited from a deceased spouse not pass to the deceased spouse's heirs?
If the deceased spouse died at least 15 years prior.
36
What is the threshold value for personal property to pass to the deceased spouse's heirs?
Over $10,000.
37
What condition must be met for personal property worth over $10,000 to not pass to the deceased spouse's heirs?
The deceased spouse must have died at least 5 years prior.
38
True or False: If the surviving spouse dies with descendants, inherited property automatically goes to the deceased spouse’s heirs.
False.
39
Fill in the blank: Real property inherited from a deceased spouse passes to the deceased spouse's heirs unless the deceased spouse died at least _______ years prior.
15
40
Fill in the blank: Personal property worth over $10,000 passes to the deceased spouse's heirs unless the deceased spouse died at least _______ years prior.
5
41
Who inherits from an adopted child?
Adoptive parents and their relatives inherit from the adopted child
## Footnote
Adoptive parents take from and through the adopted child.
42
Do biological parents inherit from an adopted child?
Generally no, unless the adoption is by a stepparent
43
What is the inheritance status of stepchildren and foster children?
They have no inheritance rights unless adopted by the stepparent or foster parent
## Footnote
Stepchildren and foster children will be treated as adopted children under certain conditions.
44
What are the conditions under which stepchildren and foster children are treated as adopted children?
* The relationship began when the child was a minor and continued through the parties’ joint lives
* Clear and convincing evidence shows a legal barrier to adoption
45
What is 'Adoption by Estoppel'?
A legal concept where a person is treated as if they have adopted a child despite a formal adoption not occurring
## Footnote
This may happen if legal custody was gained under an unfulfilled agreement to adopt.
46
What factors can lead to a court treating a foster child as a legally adopted child?
* The foster parent has held the child out as their own
* The child has been told they were adopted
* The child uses the family name
* The child assumes familial responsibilities
## Footnote
These factors can influence the court's decision regarding parental rights.
47
True or False: An adopted child inherits from their biological parents.
False
## Footnote
An adopted child generally does not inherit from their biological parents unless the adoption is by a stepparent.
48
Fill in the blank: Adoptive parents take from and through the __________.
adopted child
49
What is a posthumous child in the context of intestate succession?
A posthumous child is conceived and born after the intestate parent's death.
50
Under what conditions will a posthumous child inherit as if born during the intestate's lifetime?
The following conditions must be satisfied:
* The intestate authorized the use of their genetic material for posthumous conception in a signed and dated writing
* The designated person gave written notice within four months of the death certificate issuance
* The child was conceived and in utero using the intestate's genetic material within two years of the death certificate issuance.
51
What must the intestate do to authorize posthumous conception?
The intestate must provide a signed and dated writing authorizing the use of their genetic material for posthumous conception.
52
Who must be designated to control the use of the genetic material for posthumous conception?
A person must be designated by the intestate to control the use of the genetic material.
53
What is the time frame for notifying the person controlling the disposition of the decedent's property about posthumous conception?
The written notice must be given within four months of the issuance of the decedent’s death certificate.
54
What is the maximum time allowed for conception using the intestate's genetic material after death?
The child must be conceived and in utero within two years of the issuance of the decedent’s death certificate.
55
What happens if an heir feloniously and intentionally kills the intestate?
The heir cannot inherit and is deemed to have predeceased the intestate.
56
True or False: A parent can inherit from a child if they abandoned the child for less than seven consecutive years.
True.
57
What presumption is created by a parent's failure to support or communicate with the child?
It creates a presumption of the intent to abandon the child.
58
What is the consequence for an heir who physically or financially abuses or neglects an elder or dependent adult?
The heir is precluded from inheriting and is deemed to have predeceased the decedent.
59
In California, can a noncitizen be an heir?
Yes, a noncitizen is not disqualified from being an heir.
60
Fill in the blank: An heir who __________ the intestate cannot inherit.
feloniously and intentionally kills
61
What is the status of a parent who did not acknowledge their child?
The parent is treated as predeceasing the child.
62
List the three conditions that preclude a parent from inheriting from a child.
* Did not acknowledge the child
* Parental rights were terminated and not judicially reestablished
* Intentionally abandoned the child for at least seven consecutive years.
63
What is an advancement?
An advancement is a lifetime irrevocable gift intended by the donor to be prepayment of an inheritance.
64
What is required to prove an advancement?
A writing signed either by the donor or donee is needed to prove the advancement.
65
What must an advancee do to share in the estate?
The advancee must account for the advancement.
66
How is the recipient's share calculated when considering an advancement?
Shares are computed as if the advancement were still in the estate based on the value of the property at the time of receipt or at the intestate's death.
## Footnote
Example: Parent has two children, Andrew and Ben. Parent makes a $10,000
advancement to Andrew and then dies with a $20,000 estate.
From the estate, Andrew receives $5,000 as he already has the
$10,000 advancement.
From the estate, Ben receives $15,000.
67
What happens to the heir's share if the advancement is greater than their intestate share?
The heir is not responsible for returning the excess.
68
Fill in the blank: An advancement is intended as a _______ of an inheritance.
prepayment
69
What is the survival requirement for an heir in intestate succession?
An heir must outlive the intestate by **120 hours**
70
What happens if a person does not survive the intestate by 120 hours?
They are **deemed to have predeceased** the intestate for the purpose of intestate succession
71
Does the 120-hour rule apply if it would result in escheat to the state?
No, the 120-hour rule does not apply in that case
72
In the case of spouses or domestic partners dying around the same time, how is property divided if it cannot be established by clear and convincing evidence who survived?
One-half of the community property and one-half of the quasi-community property goes to each estate
73
What occurs with life or accident insurance proceeds if both the insured and beneficiary die without clear evidence of who survived?
The proceeds are treated as if the insured survived the beneficiary
74
How is property divided among joint tenants if it cannot be established who survived?
One-half of the property goes to each joint tenant's estate
75
What happens if property is held by more than two joint tenants and all die without clear evidence of survival?
The property is divided into as many portions as there are joint tenants
76
Fill in the blank: An heir must outlive the intestate by ______ hours.
120
77
True or False: The 120-hour rule applies in all cases of intestate succession.
False
## Footnote
will not apply if it result in escheat to the state
78
What is a disclaimer in the context of inheritance?
A disclaimer allows a beneficiary or heir to forego any interest that would pass from the decedent.
79
List three reasons an heir or beneficiary might choose to disclaim property.
* Burdensome property, such as one with a toxic waste dump
* Tax benefits, as disclaimed property is not treated as a gift
* To avoid creditors, except for the IRS
80
What are the requirements for a valid disclaimer?
* Must be in writing
* Must be signed by the disclaimant
* Must identify the decedent
* Must describe the interest being disclaimed
* Must state the disclaimer and its extent
* Must be filed within a reasonable time, presumed within nine months
81
True or False: An oral disclaimer is valid.
False
82
Who can make a disclaimer on behalf of an infant, incompetent, or decedent?
A guardian, conservator, or personal representative.
83
What is the effect of accepting property on the ability to disclaim it?
An interest cannot be disclaimed if the heir or beneficiary has accepted the property or any of its benefits.
84
True or False: A spendthrift clause prevents a disclaimer.
False
85
What happens to a disclaimed interest?
It **passes as though the disclaiming party predeceased the decedent.**
86
What occurs if the disclaimed interest is a life estate?
The remainder is accelerated.
87
Are disclaimers revocable or irrevocable?
Irrevocable
88
Fill in the blank: The disclaimer must be filed within the later of _______ months after the decedent's death or the date the interest becomes indefeasibly vested.
nine
89
What is presumed if a disclaimer is filed within nine months?
It is considered filed within a reasonable time.
90
When does a will operate to transfer property?
at the time of the testator’s death and after the will is probated (determined to be valid).
91
What is the Harmless Error Doctrine in California?
The Harmless Error Doctrine allows for the excusal of harmless errors in will formalities **if there is clear and convincing evidence that the testator intended the document to be their will** at the time of signing.
92
What governs the validity and effect of a will that disposes of real property?
The law of the state where the property is located, governs the validity and effect of a will that disposes of real property.
93
What law controls the validity and effect of a will with respect to personal property?
The law of the place of the testator’s domicile at death controls the validity and effect of a will with respect to personal property.
94
What conditions must a will executed elsewhere meet to be valid in California?
A will executed elsewhere is valid if it complies with:
* California law
* The law of the state where it was executed
* The law of the place where the testator was domiciled, had a place of abode, or was a national at the time of execution or at death.
95
What governs the construction and application of a will's provisions once it is admitted to probate?
Local law governs the construction and application of a will's provisions once it is admitted to probate.
96
What are the four basic requirements of a valid will?
* Legal capacity
* Testamentary capacity
* Testamentary intent
* Formalities
* Attested (witnessed)
* Holographic (entirely in testator’s handwriting)
97
What is the minimum age to make a valid will?
18 years of age
98
What does testamentary capacity require the testator to understand?
* The nature of the act
* The effect of making the will
* The nature and extent of their property
* The persons who are the natural objects of their bounty
## Footnote
Testamentary capacity must be present at the time of execution.
99
Is exact knowledge of property necessary for testamentary capacity?
No
## Footnote
A general understanding of the nature and extent of property is sufficient.
100
What must a testator know about their family for testamentary capacity?
The testator must know their family situation and claims against them, such as knowing who their spouse and children are.
101
What is a codicil?
An amendment to a will
## Footnote
A codicil can modify, add, or revoke provisions of the original will.
102
What are the two forms that a will can take regarding formalities?
* Attested (witnessed)
* Holographic (entirely in testator’s handwriting)
103
What does an adjudication of incompetence create regarding testamentary capacity?
A presumption of lack of the required mental capacity
## Footnote
This presumption can be overcome by demonstrating that the testator still met the specific standard for testamentary capacity. Can execute a will during a lucid interval
104
Does age, illness, or addiction automatically disqualify a testator from executing a will?
No, they do not necessarily lack the mental capacity to execute a will
## Footnote
A sane person may also lack capacity temporarily due to intoxication or disorientation.
105
What is required for a testator to have testamentary intent?
The** present** intent to make a particular instrument their will
106
What are sham wills?
Wills executed as a joke or sham are void
107
What are the requirements for an attested will in California?
The will must be:
* in writing
* signed by the testator
* signed or acknowledged in the **joint presence** of at least **two witnesses**
* signed by the witnesses during the testator’s lifetime
* understood by the witnesses as the testator’s will
108
What constitutes a signature for the purpose of a will?
A signature is any mark made by the testator with present intent to authenticate the will, which can include:
* an informal name
* the testator’s initials
109
What is the minimum age requirement for witnesses of a will in California?
There is no minimum age to be a witness, but the witness must be competent at the time of will execution.
## Footnote
Competency generally refers to the ability to understand the nature of the act of witnessing.
110
What is the general rule regarding a will when it includes a gift to an interested witness?
The will remains valid, but the gift to the interested witness is presumed to be procured through duress, fraud, or undue influence.
## Footnote
They would not be entitled to any portion of the gift if this presumption is not rebutted
111
Under what conditions can an interested witness take under the will?
An interested witness can take under the will if they:
* Rebut the presumption
* There are at least two other disinterested subscribing witnesses
* The interested witness who is also an heir may receive up to their intestate share.
112
What is a holographic will?
A will in the testator’s handwriting
113
What is required for a holographic will to be valid in California?
The signature and material provisions must be in the testator’s own handwriting
114
What two elements are required for a valid holographic will?
Testamentary capacity and intent
115
Are witnesses required for a holographic will in California?
No, witnesses are not required
116
What is the classification of testamentary gifts important for?
Issues such as ademption, satisfaction, and abatement
117
What is a specific devise, bequest, or legacy?
A gift of a particular item of property distinct from all other objects in the testator’s estate
118
Fill in the blank: A general bequest or legacy is a gift of a general economic benefit payable out of the _______.
General assets of the estate
119
What is a demonstrative legacy?
A gift of a general amount that is to be paid from a designated source or fund
120
What constitutes the residuary estate?
The balance of the testator’s property after paying debts, expenses, taxes, and specific, general, and demonstrative gifts
121
What is the difference between a private gift and a charitable gift?
A private gift is to a noncharitable beneficiary; a charitable gift is for a charitable beneficiary
122
What does ademption refer to?
The failure of a gift because the property is no longer in the testator’s estate at the time of their death
123
To which types of gifts does ademption apply?
Only to specific devises and bequests
124
What happens if specifically bequeathed property is not in the testator’s estate at death?
The bequest is adeemed and the beneficiary takes nothing
125
Fill in the blank: A gift may be partially adeemed when the testator devises a large tract of land and then conveys a _______ of the tract.
Portion
126
Do general or demonstrative legacies get adeemed by an absence of cash or specific asset?
No, they will be satisfied by selling or directly giving other assets
127
How does California differ in its approach to testator’s intent regarding ademption?
California takes the testator’s intent into consideration to avoid the harsh effects of ademption
128
What are the exceptions to the ademption doctrine in California?
Balance of purchase price, proceeds of condemnation, insurance, or foreclosure, proceeds from sale by a guardian or conservator
129
What is the rule regarding corporate securities and ademption?
The courts will construe a bequest of securities as a general legacy if possible
130
What is ademption by satisfaction?
Occurs when a testamentary gift is given inter vivos to the beneficiary before the testator’s death
131
What proof is required for ademption by satisfaction?
The testator provides for satisfaction in the instrument or the donee acknowledges in writing that the gift is one in satisfaction
132
What happens to income on property in relation to the general estate?
Income on property goes into the general estate
## Footnote
Improvements to real property go to the specific devisee.
133
Who receives increases to specific gifts occurring after the testator's death?
The specific beneficiary receives increases occurring after the testator's death
## Footnote
The beneficiary is deemed to own the property from the time of the testator's death.
134
In California, are liens on specifically devised property exonerated unless directed by the will?
No, liens on specifically devised property are not exonerated unless the will directs it
## Footnote
This means that debts associated with the property are not paid off with estate funds unless specified.
135
What is abatement in the context of testamentary gifts?
Abatement is the process of reducing testamentary gifts when estate assets are insufficient to pay all claims and satisfy all bequests
## Footnote
The testator may specify an order of abatement in the will.
136
What is the order of abatement if no contrary provisions are in the will?
The order of abatement is:
* Intestate property
* Residuary property
* General gifts to persons other than the testator’s relatives
* General gifts to the testator’s relatives
* Specific gifts to persons other than the testator’s relatives
* Specific gifts to the testator’s relatives
## Footnote
Within each class, gifts abate pro rata.
137
What happens if a beneficiary predeceases the testator?
The gift lapses.
138
What are the conditions under which a gift may lapse?
If the beneficiary predeceases the testator or disclaims the gift.
139
Fill in the blank: A gift may be saved by the _______ if certain conditions are met.
anti-lapse statute
140
If a gift is not saved by the anti-lapse statute, how does it pass?
Under the residuary clause.
141
What is the outcome if there is no residuary clause and the gift is not saved by the anti-lapse statute?
The gift passes via intestacy.
142
What is a contrary will provision in relation to the anti-lapse statute?
Words of survivorship associated with the gift.
143
What happens if a will makes a gift to a class and one member predeceases the testator?
Only surviving class members take a share unless otherwise provided.
144
Fill in the blank: If a will makes a gift to a beneficiary who was dead at the time the will was executed, the gift is _______.
void
145
Who raises interpretation and construction issues in the context of wills?
• Personal representative who wants to avoid liability
• Beneficiaries (or heirs) who would take under various interpretations
146
What does the existence of a residuary clause in a will indicate?
An intent not to die intestate.
147
Among two or more contradictory provisions in a will, which one prevails?
The last one.
148
What is a latent (hidden) ambiguity?
A provision that conveys a sensible meaning on its face but cannot be carried out without further clarification.
149
What is the modern rule in California regarding extrinsic evidence?
It allows extrinsic evidence to create an ambiguity where one otherwise does not exist.
150
What does incorporation by reference allow a testator to do?
Incorporate an extraneous document into the will.
151
What are the elements required for incorporation by reference?
• Testator intends to incorporate the document
• Document exists at the time of will execution
• Will sufficiently identifies the material
152
Can holographs incorporate printed or typed matter?
Yes, a holographic codicil can incorporate a defectively executed typewritten will.
153
What is an act or fact of independent significance?
Something outside of a will with a legal purpose other than disposing of property at death.
154
What can a testator's will refer to for disposing of tangible personal property?
A written statement or list.
155
What requirements must a written statement disposing of tangible personal property meet?
* An unrevoked will **refers to the writing**
* The document is **dated**
* The document is **handwritten or signed**
* The document describes items and recipients with **reasonable certainty**
156
What is the maximum total value of tangible personal property identified in a writing?
Cannot exceed $25,000, and no single item can exceed $5,000.
157
What is a codicil?
A codicil modifies a previously executed will and must itself be executed with the same formalities.
158
What does the doctrine of republication by codicil entail?
A codicil acts to republish the will except for parts inconsistent with the codicil.
159
How are the will and codicil treated under the republication doctrine?
They are treated as one instrument speaking from the date of the last codicil.
160
What is a pour-over provision?
A provision in a will making a gift to an inter vivos trust.
161
What are the requirements for a trust to receive a pour-over gift?
The trust must be identified in the testator’s will and its terms set forth in a written instrument executed before, concurrently with, or within 60 days after the execution of the will.
162
What is the purpose of omitted child statutes?
To protect children from being unintentionally omitted from a will.
163
Under California’s omitted child statute, what happens if a decedent fails to provide for a child born or adopted after the execution of all testamentary instruments?
The child receives an intestate share of the property.
164
What are the requirements for a child to receive a forced share under the omitted child statute?
The child must be:
* Born or adopted after the execution of all testamentary instruments
* Alive when the will was executed but thought to be dead
* Unknown to the testator due to the testator's unawareness of the child's birth.
165
True or False: A child does not receive an intestate share if the decedent's failure to provide for the child in the will was intentional.
True.
166
Under what condition does a child not receive an intestate share if the decedent had one or more children at the time the will was executed?
If the decedent devised substantially all of the estate to the other parent of the omitted child.
167
Fill in the blank: A child born before the republication of a will by codicil is _______ and is not entitled to the protection of the omitted child statute.
not considered omitted.
168
What is required for the intent to revoke a will?
The testator must have the intent to revoke
## Footnote
If the will is destroyed by mistake, no revocation occurs.
169
What is the requirement of concurrent intent in will revocation?
The intent to revoke must be concurrent with the physical act.
170
True or False: A change of mind after the testator commits the act with intent to revoke reinstates the will.
False
171
What mental capacity is required for a testator to revoke a will?
The testator must be of sound mind.
172
Can a testator direct someone else to revoke a will?
Yes, but it must be done at the testator’s request and in the testator’s presence.
173
Fill in the blank: A will can be revoked in part as well as in whole by _______.
[physical act]
174
What happens to a gift to a beneficiary if it is crossed out by the testator?
The gift is revoked if there is sufficient evidence proving the testator marked it out.
175
What is the rule regarding increasing gifts by physical act in will revocation?
The testator cannot increase a gift to a beneficiary.
176
What happens if one original of a duplicate will is revoked?
The revocation by physical act of one original acts to revoke all the duplicate originals.
177
What is the presumption of non-revocation?
There is a presumption of non-revocation if the will is found in a 'normal' location with no suspicious circumstances.
178
What occurs if the testator's will is not found at death?
It is presumed that the testator destroyed or damaged the will with intent to revoke.
179
What is implied revocation in the context of wills?
A will may be revoked by implication from the terms of a subsequent instrument.
180
What is the effect of physical destruction of a codicil on a will?
Physical destruction of a codicil does not revoke a will.
181
What does the doctrine of dependent relative revocation (DRR) state?
If a testator revokes their will under the mistaken belief that another disposition will be effective, the revocation also fails if the other disposition fails.
182
What can revive a revoked will?
Reexecution or republication can revive a revoked will.
183
Fill in the blank: The testator may state in the revoking instrument that a revocation is effective upon the _______.
[happening or non-happening of a named event]
184
Who has standing to contest a will?
Only interested parties, such as heirs and beneficiaries of prior wills.
## Footnote
Creditors, executors, and testamentary trustees are not considered interested parties.
185
Who has the burden of proof in a will contest?
The burden of proof is on the will contestant.
186
What is the time frame for filing a will contest after admission to probate?
A will contest must be filed **within 120 days** after the will is admitted to probate.
187
What happens if only a portion of a will is found to be invalid?
Only that part is void, and the remainder is given effect.
## Footnote
This is relevant in cases of undue influence, fraud, duress, or mistake affecting only part of the will.
188
List the grounds for contesting a will.
* Defective execution
* Revocation
* Lack of testamentary capacity
* Lack of testamentary intent
* Undue influence or duress
* Fraud
* Mistake
189
Define 'insane delusion' in the context of will contests.
'Insane delusion' is a belief in facts that do not exist and that no rational person would believe existed.
## Footnote
This form of incapacity can invalidate an entire will or a portion thereof.
CA Bar Essay Topics
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