Probate Ch.3

  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
Card Set
Probate Ch.3
Probate Ch.3