Shared Flashcard Set

Details

Wills and Estates
Question 17 - Vocabulary
33
Law
Post-Graduate
11/18/2011

Additional Law Flashcards

 


 

Cards

Term
Holographic
Definition
A will that is handwritten by the testator.
Term
Testate
Definition
Having left a will at death.
Term
Intestate
Definition
One who has died without a valid will.
Term
Testator
Definition
A person who has made a will; esp. a person who dies leaving a will.
Term
Testatrix
Definition
Term
Heir
Definition
A person who inherits real or personal property, whether by will or by intestate succession.
Term
Legitime
Definition
Term
Pretermitted
Definition
A child or spouse who has been omitted from a will, as when a testator makes a will naming his or her two children and then, sometime later has two or more children who are not mentioned in the will.
To neglect, overlook, or omit accidentally.
Term
Probate
Definition
To admit (a will) to proof.
To administer (a decedent's estate).
Term
Personal Representative
Definition
A person who manages the legal affairs of another because of incapacity or death, such as an executor of an estate.
Term
Administrator
Definition
A person appointed by the court to manage the assets and liabilities of an intestate decedent.
Term
Executor
Definition
A person named by testator to carry out the provisions in the testator's will.
Term
Executrix
Definition
Term
Legacy
Definition
A gift by will, esp. of personal property and often of money.
Term
Device
Definition
The act of giving property by will.
The provision in a will containing such a gift.
Property disposed of in a will.
A will disposing of property.
Term
Bequest
Definition
The act of giving property (us. personal property) by will.
Property (usu. personal property other than money) disposed of in a will.
Term
Primogeniture
Definition
The state of being the first born among siblings.
The common-law right of the firstborn son to inherit his ancestor's estate, usu. to the exclusion of younger siblings.
Term
Ancestors
Definition
A line of descent; lineage.
Term
Descendents
Definition
One who follows in lineage, in direct (not collateral) descent from a person.
Ex. children and grandchildren
Term
Lineals
Definition
A direct blood relative.
Term
Collaterals
Definition
Term
Dower
Definition
At common law, a wife's right, upon her husband's death, to a life estate in 1/3 of the land that her husband owned in fee.
Term
Curtesy
Definition
At common law, a husband's right, upon his wife's death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple.
The right has been largely abolished.
Term
Per Stirpes
Definition
Descendants only get what the predeceased was entitled to get.
Shares are always determined at the first generational level, even where there are no living takers at that level.
Term
Per Capita
Definition
Emphasis on the living takers.
Shares are determined at the first generational level where there is a surviving descendant or predeceased descendant with surviving issue.
Term
Escheat
Definition
Reversion of the property (esp. real property) to the state upon the death of an owner who has neither a will nor any legal heirs.
Property that has so reverted.
Term
Advancement
Definition
A payment or gift to an heir (esp. a child) during one's lifetime as an advance share of one's estate, with the intention of reducing, extinguishing, or diminishing the heir's claim to the estate under intestacy laws.
Term
Hotchpot
Definition
The blending of items of property to secure equality of division, esp. as practiced either in cases of divorce or in cases in which advancements of an intestate's property must be made up to the estate by a contribution or by an accounting.
In a community-property state, the property that falls within the community estate.
Term
Ademption
Definition
The destruction or extinction of a testamentary gift by a reason of a bequeathed asset's ceasing to be part of the estate at the time of the testator's death; a beneficiary's forfeiture of a legacy or bequest that is no longer operative.
Term
Lapse
Definition
(Of an estate or right) to pass away or revert to someone else because conditions have not been fulfilled or because a person entitled to possession has failed in some duty.
To become void.
Term
Quantum Meruit
Definition
The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship.
A claim or right of action for the reasonable value of services rendered.
At common law, a count in an assumpsit action to recover payment for services rendered to another person.
Term
Noncupative
Definition
Term
Integration
Definition
The process of making whole or combining into one.
Supporting users have an ad free experience!