PPT-Abatement Issue When testator dies without enough property to pay all debts and gifts,

Note Priority of debts is covered in Texas Estate Administration Abatement Order PC 322B EC 355109 1 Intestate Property if any Abatement Order PC 322B EC 355109. Lead paint abatement can be very dangerous if done improperly It57557s best to hire professional contractors to remove lead paint from your home If abatement work is done improperly a greater lead hazard may be created Before beginning any work cont Issue. When testator dies without enough property to pay all debts and gifts, which gifts have priority?. Note: Priority of debts is covered in Texas Estate Administration.. Abatement . Order – EC § . 1. Express conditional revocation. “I revoke my will if [condition] occurs.”. 2. Implied conditional revocation. (Dependent Relative Revocation). Fact Pattern:. 1. Testator executed valid Will 1.. Revocation by. Operation of Law. Types. 1. Ademption. Types. 1. Ademption. 2. Divorce. Types. 1. Ademption. 2. Divorce. 3. Lapse. Types. 1. Ademption. 2. Divorce. 3. Lapse. 4. Failure to survive by 120 hours. Introduction. Will Execution. Basic Elements. 1. Legal . Capacity. 2. Testamentary . Capacity. 3. Testamentary . Intent. 4. Formalities. 1. Legal Capacity. Obtaining Legal Capacity. Warning: Jurisdictions differ as to which of the below gives a person legal capacity.. Lapse defined. Gift fails (lapses) because beneficiary dies before testator.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will. § 68(e).. Issue. When testator dies without enough property to pay all debts and gifts, which gifts have priority?. Note: Priority of debts is covered in Texas Estate Administration.. Abatement . Order – EC § . Statutory . Burden -- EC . § . 256.152. Applicant must prove testator did not revoke the will.. How prove a negative?. Presumption of Non-Revocation. Ashley v. Usher. – p. . 187. Source . of will “normal”. The problem. What happens if all originals are not found after the testator’s death?. Presumption. If cannot locate all originals, testator destroyed one original with intent to revoke.. Rebutting Presumption. 1. Express conditional revocation. “I revoke my will if [condition] occurs.”. 2. Implied conditional revocation. (Dependent Relative Revocation). Fact Pattern:. 1. Testator executed valid Will 1.. “I revoke my will if [condition] occurs.”. 2. Implied conditional revocation. (Dependent Relative Revocation). Fact Pattern:. 1. Testator executed valid Will 1.. 2. Testator validly revoked Will 1.. 2. Testator executed valid Will 2 which expressly revoked Will 1.. 3. Testator validly revokes Will 2 but does not execute a new will.. 4. What result?. Approaches. 1. Revival. Will 1 takes effect.. Conceived & presented by. : . Avadhoot. V. Sumant. Advocates. The . SatyaNitee. and Company, . Advocates and Consultants. ,. 003, . Rajmandir. Apartments, 62, . Alkapuri. Society,. R.C.Dutt. Road. Note: Priority of debts is covered in Texas Estate Administration.. 2. Abatement Order – EC § 355.109. 1. Intestate Property, if any.. 3. Abatement Order – EC § 355.109. 1. Intestate Property, if any..