Through murder UPC 2-803 – A killer does not receive any bequests, any provisions of a power of a appointment, and any nomination as a fiduciary. A “killer” Must determine that the killing was felonious and intentional under the preponderance of the evidence standard The killer is deemed to disclaim the property or predecease the D and is precluded from taking or serving as a fiduciary Keep in mind that any JTWROS will be severed and transformed into tenancies in common. Many states and the UPC 2-804 still allows the killer’s descendants to take Also, some states and the UPC 2-804 this rules to wills and WS alike. Through Still in a minority of jurisdictions Not in the UPC to deal with elder abuse Also concerns dependent adults In short, it deals with caretaker abuse quite innovatively Designed to cut more broadly than if the caretaker kills the decedent IMPACT OF REVOCATION [105-108] What occurs upon revocation Total revocation A will that is validly revoked cannot be probated. If the T does not have an earlier will, the T is treated as having died intestate. If the T had executed an earlier will or then the most recent, unrevoked will may be probated if one of the doctrines discussed below applies. Revival DRR If T has a will, but that will does not apply because it has not been properly executed, we could attempt to validate a new will thorough harmless error (2-503). Partial revocation (fails) If taker-in-default exists property goes to taker-in-default If NO taker-in-default default rules kick in AL rules apply (for wills) AL rules do not apply Specific bequest property goes into residuary Residuary bequest Two or more residuary Bs divided among surviving residuary Bs Only residuary B distributed through intestacy REVIVAL Revival applies when the T has intentionally revoked a later will with the intent to revive all or part of an earlier will that has been previously revoked. If revival applies, then revocation is effective and the earlier will or a portion of it is revived and becomes the operative document. UPC 2-509 Revocatory acts (a + b)
Through murder – UPC 2-803 A killer does not receive any bequests, any provisions of a power of a appointment, and any nomination as a fiduciary. A “killer” Must determine that the killing was felonious and intentional under the preponderance of the evidence standard The killer is deemed to disclaim the property or predecease the D and is precluded from taking or serving as a fiduciary Keep in mind that any JTWROS will be severed and transformed into tenancies in common. Many states and the UPC 2-804 still allows the killer’s descendants to take Also, some states and the UPC 2-804 this rules to wills and WS alike. Through Still in a minority of jurisdictions Not in the UPC to deal with elder abuse Also concerns dependent adults In short, it deals with caretaker abuse quite innovatively Designed to cut more broadly than if the caretaker kills the decedent IMPACT OF REVOCATION [105-108] What occurs upon revocation Total revocation A will that is validly revoked cannot be probated. If the T does not have an earlier will, the T is treated as having died intestate. If the T had executed an earlier will or then the most recent, unrevoked will may be probated if one of the doctrines discussed below applies. Revival DRR If T has a will, but that will does not apply because it has not been properly executed, we could attempt to validate a new will thorough harmless error (2-503). Partial revocation (fails) If taker-in-default exists property goes to taker-in-default If NO taker-in-default default rules kick in AL rules apply (for wills) AL rules do not apply Specific bequest property goes into residuary Residuary bequest Two or more residuary Bs divided among surviving residuary Bs Only residuary B distributed through intestacy REVIVAL Revival applies when the T has intentionally revoked a later will with the intent to revive all or part of an earlier will that has been previously revoked. If revival applies, then revocation is effective and the earlier will or a portion of it is revived and becomes the operative document. UPC 2-509 Revocatory acts (a + b)