Category: Trusts
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Wills & Trusts Crib Sheet for the California Bar Exam
EXECUTION OF WILLS Attested: Requires (i) writing; (ii) signed by T; (iii) in presence of two Ws; (iv) W’s sign will understanding that instrument is T’s will. In CA: W’s don’t have to sign in presence of ea other or in presence of T. T doesn’t have to publish that this is his will. Ts…
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Wills & Trusts Attack Sheet for the California Bar Exam
WILLS – ROADMAP Execution of Wills Attested Wills: (1) in writing (2) signed by T (3) in presence of 2 witnesses (4) who also sign Holographic Wills: (1) signed by T, (2) material provisions in T’s own handwriting Extrinsic evidence is admissible to determine T’s intent Date issues: inconsistent provisions, capacity Enforcement of Wills Incapacity…
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Essay Openers for Wills & Trusts on the California Bar Exam
Wills – Opening Paragraphs Choice of Law Under California law, where a domicillary dies in California, but executed a will in another state, that will can be admitted into probate in California only if (1) the will complies with California’s formalities of execution or (2) the will complies with the formalities of the place where…
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Trusts on the California Bar Exam
TRUSTS Private Express Trust: A fiduciary relationship with respect to property whereby one person, the trustee, hold legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create it for a legal purpose. Trust property: any presently existing interest in property that can be transferred can…
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Trusts Outline for the California Bar Exam
TRUSTS Private Express Trusts Defined – a fiduciary relationship w/respect to prop whereby one person, the trustee, holds legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create a trust for legal purposes Elements – a valid trust requires (1) a settlor, (2) delivery, (3)…