trusts and estates

Implied revocation (or revocation by inconsistency) of a will occurs when the testator has a will, and then executes a new will that has no clause revoking the former will, and the new will is inconsistent with the former will.   The inconsistency between

 

Revocation of a will by instrument means that a will is made invalid by the valid execution of a new will that contains a clause that expressly revokes the former will.

A general devise is a monetary gift given in a will. It is often contrasted with a specific devise.

Definition

1) In trusts and estates law, assets produced by a devised asset after the execution of a will. 

2) In secured transactions law, goods that physically united with other goods in a way that doesn't lose the identity of the original goods. Compare with commingled goods.

 

Ademption by extinction occurs when a testator devises a specific piece of property in his will and the testator no longer owns that property at his death.  That specifically devised property is therefore adeemed, and the devise fails.

 In regard to wills, the doctrine of incorporation by reference means that unattested papers (papers not present when the will was executed) can still be regarded as part of the will by incorporation.

The doctrine of integration of wills is a legal theory that says that since wills are multi-page documents, they do not have to be signed or initialed on every page.

The harmless error rule states that if there is a harmless error made in the execution of a will, the will can still be considered valid and offered to probate. The harmless error rule will occasionally excuse errors on the signature and attestation requirement of the execution ceremony.&nbs

The putative spouse doctrine’s purpose is to protect the financial and property interests of a person who enters into a bigamous marriage believing in good faith that it is a valid marriage.   The person who is unaware his spouse is already married is called the “putative spouse.” In jurisdictions that recognize the putative spouse doctrine, the putative spouse will be entitled to marital property rights along with the legal spouse, that is, both spous

A negative will is a will in which the testator attempts to disinherit a person by stating that desire directly, for example “I disinherit X.”  This method of disinheritence is not usually effective.