Probate Ch.3

The flashcards below were created by user DaisyStPatienc on FreezingBlue Flashcards.

  1. Bequest
    A gift by will of personal property
  2. Legacy
    A gift by will of personal property
  3. Legator
    A person who makes a gift by will of personal property
  4. Legatee
    A party who receives a gift by will of personal property
  5. Specific Bequest
    A gift by will of a particular item of personal property
  6. Demonstrative Bequest
    A gift by will of a sum of money from a specified fund or from the sale of particular item
  7. General Bequest
    A gift by will of an amount of money
  8. Residuary Bequest
    A gift by will of all the remaining property owned by the decedent that has not been gifted in another clause.
  9. Devise
    A gift by will of real property. Today, under the U.P.C., also known as a bequest
  10. Abatement
    A proportional reduction of gifts to beneficiaries because the state lacks sufficient funds to pay the decedent's debts
  11. Ademption
    A gift by will fails because it is no longer owned by the testator or it is no longer in existence
  12. Lapse
    A gift by will fails because the beneficiary predeceased the decedent of the beneficiary is unwilling to take the item
  13. Anti-Lapse Statue
    A legislative enactment that passes the gift of property to a deceased beneficiary's heirs rather than through the will's residuary clause or intestate succession statue.
  14. Slayer's Rule/ Slayer's Statute
    An heir or beneficiary does not inherit from the decedent if the heir or beneficiary killed the decedent
  15. Personal Representative
    Also known as administrator or executor; a legal representative appointed by the court to administer the decedent's estate
  16. Executor
    A person nominated in the will to carry out the directions and the distribution of gifts contained in the will
  17. Lucid Interval
    A temporary return to mental capacity
  18. Nuncupative Will
    An oral will made by the testator in anticipation of death gifting personal property and made in the presence of a witness
  19. Holographic Will
    A will written entirely in the testator's handwriting and not witnessed
  20. Supernumerary Witness
    An extra witness to a will beyond the statutorily required number.
  21. Self-Proving Will
    As prescribed by statute, a will that removes some of the requirements of proof to be admitted to probate. Usually a self-proving affidavit is used.
  22. Notary Public
    A public officer who administers oaths and certifies signatures as genuine
  23. Jurat
    A clause that states where, when, and whom the notary public is that is certifying the signature.
  24. Ambulatory
    Subject to change
  25. Codicil
    A testamentary document that amends a will
  26. Power of Attorney
    A document that authorizes one person (the agent or attorney-in-fact) to act on behalf of another person (the principal)
  27. Durable General Power of Attorney
    A power of attorney that does not terminate upon the principal becoming mentally incompetent
  28. Power of Attorney Health Care
    A specialized power of attorney where the agent has authority to make health care decisions for the principal
  29. Living Will
    A document where the signer may direct that no artificial measures be employed to postpone his or her death
Author
ID
39156
Card Set
Probate Ch.3
Description
Probate Ch.3
Updated
Show Answers