Table of Contents
Wills and Trusts
“In Terrorem” Clause
Property Destruction Orders Under the Will
Probate Process
Proof Required
Venue
Intestacy- Statutes of Descent and Distribution
Real Estate
Other Property
Separate Property
Real Estate
Other Property
Real Estate
Real Estate
Other Property
Other Property
Half Blood
Will Execution-Section 57
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Testator must have mind & memory relevant to all the things AND Must understand the significance of her acts!
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Insane Delusion
Execution by Interested Witness Section 62 “Purging” Statute
Section 61
Will Revocation Intent & Capacity Required Section 63
DRR Doctrine of Dependent Relative Revocation & Revival
SIMILAR PROVISIONS
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Integration
Republication By Codicil
Incorporation By Reference
A Devise of Contents: Section 58 (d) (1)
Example
Joint Will
Reciprocal Wills
Mutual Wills
Contractual Wills
BASIS OF CONTRACT
Ambiguities
Ambiguities
TRUST
SETTLOR
RES
TRUSTEE (legal title)
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Requirement to Create Valid Private Trust
A TRUST WILL NOT FAIL FOR WANT OF TRUSTEE – THE COURT WILL APPOINT ONE
Delivery
Resulting Trust
Power of Appointment
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Oral Intervivos Trusts of Land are Invalid
Elements to Impose Constructive TRUST
Secret Trust
Semi-Secret Trust
Termination
Charitable Purposes
The Doctrine of Cy Pres
Duty to Study Terms of Trust Instrument
Duty to Take Possession of Trust Property
Duty to Defend Trust Against Attack
Duty To Separate
Duty to Make Trust Productive $
Duty of Undivided Loyalty to Beneficiaries
Duty Not to Mingle Trust Funds With Trustee’s Own Funds
Duty Not to Delegate
Duty of Impartiality in Dealing With Income Beneficiary and Remaindermen
Duty to Retain Trust Documents and Vouchers and Keep Records
Duty to Account to Beneficiaries
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