NY Bar Exam Review Prep Course Questions and Answers

NY Bar Exam Review Prep Course Questions and Answers 18. Presumptions for Lost and Mutilated Wills: - presumed destroyed and re- voked if will was last in testator's possession, and testator was competent until death, and no copy can be located - inference of destruction if last in testator's possession and found mutilated 19. Dependent Relative Revocation (DRR): revoked will can be unrevoked if: 1) conditional intent to revoke based upon mistake; and 2) testator's estate plan would be furthered by revoking the revocation - mostly applies if testator intended to enlarge gift, not to decrease * NY CA never ruled on applicability 20. Components of Will: Consists of writings that are: 1) present when the testator executes his will; and 2) intended to be part of the will * presumption of integration if pages are physically connected (paperclips, same envelope) or there is a logical continuity in flow of language 21. Republication by Codicil: Earlier, valid will (even if revoked) is considered republished by reference to it in a subsequent codicil on date of republish, only if result is consistent with testator's intent * explicit language to republish unnecessary 22. Incorporation by reference Doctrine: NY does not recognize references to writing that has not been made with testamentary formalities, with limited exceptions 23. Facts of Independent Significance Doctrine: may dispose of property by reference to extrinsic facts and events that have significance apart from their effect upon the dispositions made b y the will 24. Construction of Wills: Interpretation: Plain Meaning Rule: where plain mean- ing, extrinsic evidence not admissible to vary meaning 25. Construction of Wills: Mistake: - intent is "absent" if no intent but signs will; intent is "lacking" if intent to sign but executes wrong document - mistakes to underlying facts cannot be remedied except for: 1) reciprocal wills (mistakenly sign wrong will); 2) where both mistake and what T would have done but for mistake appears on the face of the will, effectuate intent; 3) refer to particular person in idiosyncratic manner, despite plain meaning; 4) erroneous description of person or beneficiary, less essential details ignored * legal mistake traditionally no relief, but if Restat. (3d) permits courts to fix mistakes so long as there is clear and convincing evidence of true intent 26. Textual Ambiguity: Language is susceptible to at least two reasonable inter- pretations 1. Latent (from execution) - evidence of surrounding circumstance admissible to clarify intent; equivocation - latent that describes two things equally well or poorly