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Wills and Trusts
For McGeorge School of Law Prof Mireles
11
Law
Post-Graduate
06/18/2015
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Cards

Term
Community property in intestacy
 Definition

6401

 

100% of decedent's share passes to survivor
Term
Separate property in intestacy
 Definition

6402

 

As per fules of 6402
Term
One line rule of wills and intestacy
 Definition
Effectuate the intent of the decedent consistent with public policy
Term
Hodel
 Definition
No constitutionally protected right to receive, but constitutional protected right to transmit
Term
Simultaneous death
 Definition

2-104

 

Sufficient evidence of 120-hr survival

 

California 6403

 

Clear and convincing evidence of 120-hr survival
Term
English per stirpes
 Definition
Each member of next line of descent treated equally
Term
Modern per stirpes
 Definition
Each member of nearest availbale line of descent treated equally
Term
Dependent Relative Revocation (DDR)
 Definition
Revocation under mistaken belief not ineffective
Term
Ademption
 Definition
When subject matter of devise is missing or destroyed
Term
When subject matter of devise is missing or destroyed
 Definition
Ademption
Term
Bars to testamentary capacity
 Definition
1) General testamentary capacity
2) Insane delusion
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