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Facts of Independent Significance

Facts of Independent Significance. Basic Idea. Can we look outside the four corners of the will to ascertain at-death property distribution? Yes – if FOIS. No – if not FOIS. Defined. Something which has a legal purpose independent of disposing of property at death. Examples.

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Facts of Independent Significance

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  1. Facts of Independent Significance

  2. Basic Idea • Can we look outside the four corners of the will to ascertain at-death property distribution? • Yes – if FOIS. • No – if not FOIS.

  3. Defined • Something which has a legal purpose independent of disposing of property at death.

  4. Examples • 1. Welch – p. 226

  5. Examples • 2. Safe deposit box contents – n. 3, p. 230

  6. Examples • 3. Note in desk drawer – n. 4, p. 230

  7. Examples • 4. Identity of class gift members

  8. Examples • 5. Evidence to resolve ambiguities

  9. Examples • 6. Non-probate transfers

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