Wills Trusts and Estates Flashcards

Under Delaware intestacy, when the decedent is survived by a spouse and by children who are all also children of that spouse, the spouse takes which share of the personal estate?

Answer: The first $50,000 plus one-half of the balance

When all surviving issue are also issue of the surviving spouse, the spouse takes the first $50,000 of the intestate personal estate plus one-half of the balance.

How does Delaware's intestacy statute treat the decedent's real estate passing to a surviving spouse when the decedent leaves issue?

Answer: The spouse takes a life estate in the intestate real estate

Delaware's intestacy scheme distinctively gives the surviving spouse a life estate in the decedent's intestate real property when there are surviving issue, with the remainder to the issue.

A will beneficiary who is the testator's sibling predeceases the testator, leaving two children. Under Delaware's anti-lapse statute, who takes the gift?

Answer: The sibling's two children by representation

Delaware's anti-lapse statute preserves gifts to predeceasing relatives by passing them to the beneficiary's surviving issue by representation.

What is the effect of a self-proving affidavit attached to a Delaware will?

Answer: It allows the will to be admitted to probate without live witness testimony

A self-proving affidavit lets the will be probated without producing the attesting witnesses, though the will can still be contested on other grounds.

Under Delaware's slayer rule, a beneficiary who feloniously and intentionally kills the testator receives what?

Answer: Nothing; the slayer is treated as having predeceased the decedent

A slayer forfeits all benefits from the victim's estate and is treated as if he predeceased the decedent.

A child is born to a Delaware testator after the will was executed and is not provided for or mentioned in it. What does the pretermitted child generally receive?

Answer: The child's intestate share, unless intent to omit or other provision appears

An after-born child omitted from the will takes an intestate share unless the omission was intentional or the child was otherwise provided for.

In Delaware, which standard governs testamentary capacity?

Answer: The testator must understand the nature of the act, the natural objects of her bounty, and the disposition she is making

Testamentary capacity requires knowing the property owned, the natural objects of one's bounty, and the effect of the disposition — a lower bar than contractual capacity.