Answer Analysis
In 2004, Tess, a widow, (Wills question) executed a valid will (2004 Will, no Will validity issue) leaving her estate to her children, Abel, Bernice, and Cassie per stripes. (by representation)
In 2009, Tess, Abel, and Bernice quarreled and Tess decided to draft a new will.(T's intent to disinherit A and B) She went to an office supply store, got a preprinted will form, (material provisions) and filled in the following in her own handwriting: (2009 Will)
Because my son Abel and daughter Bernice have been unkind to me, I specifically disinherit them. (2nd will contradicts 1st will. There is an intent to disinherit A and B) I give and bequeath all my property to University.
Tess signed (signature for holographic codicil) and dated the form. No one was present when she signed and dated the form and hence no one signed as a witness to her signature. (not formally executed because there is no witness and not a valid holographic will) At the time, she was addicted to prescription pain killers and was an alcoholic. (Mental capacity- unsound mind)
In 2010, Cassie adopted David as her son. (adopted child) Soon thereafter, Cassie died, survived by David. (Antilapse does not apply.)
In 2011, Tess died, leaving an estate worth $1,000,000.
Tess’s 2009 will has been offered for probate.
(1) What arguments can Abel and Bernice reasonably make in objecting to the validity of Tess’s 2009 will? (#1) Discuss.
(2) Does David have any claim to a share of Tess’s estate? (#2) Discuss.
Answer according to California law.
Diagram
2004 T - A
B
C
2009 T - AB
- University
2010 C adopts D
2010 C dies
2011 T dies
Outline
#1 Validity of 2009 Will
(1) Valid Revocation
(2) Invalid Formal Will
1) No witness
2) Mental capacity- Unsound Mind
3) No clear and convincing evidence
(3) Invalid Holographic Will
1) Material provisions in handwriting
#2 D's Claim
(1) Original 2004 Will
1) Per stirpes
2) Adopted child
(2) Omitted Child
(3) No antilapse
Answers