THIS IS JUST A PREVIEW
THE FULL BREEDEN ATTACK SHEET IS AVAILABLE FOR DOWNLOAD USING THE FOLLOWING LINK: http://www.scribd.com/Breeden%20Attack%20Sheets OR BY VISITING WWW.SCRIBD.COM AND USING KEYWORD “BREEDEN ATTACK SHEET.”
With over 50,000 views and over 15,000 downloads, the BREEDEN ATTACK SHEETS are the most downloaded and viewed bar study outlines on the internet. (SOURCE: docstoc.com and scribd.com). Most of these “attack sheets” are less than 3 pages, only covering the basic knowledge needed for bar success. Hundreds of you have emailed me your stories. The response to the Breeden Attack Sheets has been tremendous, and I am extremely proud to be a part of each of your bar studies. Keep the emails and success stories coming. Good luck!
OCUMENTS CONSTITUTE THE WILL? (“3i PC”)
INTEGRATION (Physical presence/intent/presumptions) INCORPORATION BY REFERENCE (exist at will execution/explicit in will/intent) (Acts of) INDEPENDENT SIGNIFICANCE (keeps Bene & prop general/ Test: Does fact have legal significance apart
from the will?)
POUR OVER TRUSTS (preexisting trust of T or 3rd party gifted by will/UTATA allows modification of trust with no problem) CODICIL (Testamentary instrument executed in compliance with CA probate code which modifies, amends, or revokes a will/ New execution date) -------------------------------------------------------------------------------------------------------------------------------------------------
3.
DEFENSES TO A WILL? (“U MF!”)
UNDUE INFLUENCE: 3 WAYS TO ESTABLISH (“DO US”/ disposition/opportunity/unnatural result/susceptible T) OR
(rebuttable presumptions: when confidential or fiduciary duty/active participation/undue benefit) OR (statutory CA: know situations and exceptions)
MISTAKE (“C DICES”) (content/description/inducement/children/execution/subsequent will or codicil) FRAUD (“PRICE”) (prevention/revoke failure/inducement/constructive trust/execution) -------------------------------------------------------------------------------------------------------------------------------------------------
4.
HAS THE WILL BEEN REVOKED, REPUBLISHED, OR REVISED AND DOES DRR APPLY? (“4 R’s”)
REVOCATION (“ARSe SOAP”) (By Physical Act; By Subsequent Instrument; By Operation of Law-Post Will Spouse/Child/Divorce; By Ademption-Extinction; By Satisfaction-Will; By Advancement-No will; By Restriction- Homicide/Elder Abuse) REVIVAL (Revocation of later will does not by itself revive prior will) REPUBLICATION
DRR (Prior will must be substantially identical and consistent with T’s intent) -------------------------------------------------------------------------------------------------------------------------------------------------
5.
ANY CONTRACT TO MAKE WILLS INVOLVED?
KNOW DIFFERENCES: JOINT WILLS/MUTUAL WILLS:
WILL SUBSTITUTES (Gifts Causa Mortis of personal property ONLY/Totten Trusts) -------------------------------------------------------------------------------------------------------------------------------------------------
6.
RULES OF CONSTRUCTION
USE OF EXTRINSIC EVIDENCE (permitted to resolve ambiguities but not T’s declaration) CHILDREN (adopted/foster-step/non-marital) ANTI-LAPSE (B dies before T, issue take for B ONLY IF B was blood relative of T or T’s surviving/former/deceased spouse/
unless will provides otherwise/ CA also applies anti-lapse to class gifts)
ABATEMENT (decrease B’s gift due to omitted child/spouse) (Know order for abatement compared to order for paying debts) INCREASES IN VALUE OF DEVISE (stock dividends/ splits/ profits/ rent/ interest) FED TAX (prorated among all beneficiaries) RETENTION (B reduced due to debt owed to T/ even if barred by SOL/ UNLESS B takes under anti-lapse) NO EXONERATION (property given by will subject to all encumbrances, including mortgage/ unless otherwise stated) UNIFORM SIMULTANEOUS DEATH ACT (2 people die at same time/treated as though each predeceased the other/120 hour rule) ------------------------------------------------------------------------------------------------------------------------------------------
7.
IF THERE IS NO WILL OR A WILL IS INVALID IN WHOLE OR IN PART, APPLY INTESTATE SUCCESSION RULES
COMMUNITY PROPERTY STATE (Surviving spouse gets remaining half of CP/QCP; SP: Surviving spouse get ½ if
issue, or parents or brothers/ 1/3 if more than 1 issue/ once surviving spouse has part, remainder goes to issue, then to D’s parents, then to D’s siblings)
PER CAPITA REPRESENTATION (make first distribution at level where someone is alivel) PER STIRPES REPRESENTATION (make first distribution at 1st generation even if everyone is dead and give to issue) ------------------------------------------------------------------------------------------------------------------------------------------
8.
WHAT LAW APPLIES?
OUT OF STATE WILL PROBATED IN CA (IF WILL COMPLIES WITH FORMALITIES of CA law or location of execution
or T’s domicile at time of execution or T’s domicile at death)