Wills Question Analysis
In 2000, Ted (Wills question) was married to Wilma, (Ted is presumably above the age of 18 since he is married) with whom he had a child, Cindy. Wilma had a young son, Sam, from a prior marriage. Ted typed (will formality) a document entitled "Will of Ted,"(T had a present testamentary intent and understood the nature of his actions) then dated and signed it. (minimum mental capacity) Ted's will provided as follows: "I give $10,000 (T probably understood nature of his assets) to my stepson.(T understood the nature of his bounty. This is a general gift. "Stepson" is an ambiguous term that the court will consider extrinsic evidence to clarify, an act of independent significance) I give $10,000 to my friend, Dot. (general gift) I leave my share of all my community property to my wife. (An act of independent significance) I leave the residue consisting of my separate property to my daughter, Cindy. (residuary clause) I hereby appoint Jane as executor of this will." (no insane delusion, fraud, undue influence, mistake)
Ted showed his signature on the document to Jane and Dot, (two witnesses and Dot is an interested witness) and said, "This is my signature on my will. Would you both be witnesses?" Jane signed her name. Dot was about to sign when her cell phone rang, alerting her to an emergency, and she left immediately. The next day, Ted saw Dot. He had his will with him and asked Dot to sign. She did. (The witnesses do not have to sign in the presence of each other)
In 2010, Wilma died, leaving her entire estate to Ted.
In 2011, Ted married Bertha.
In 2012, Ted wrote in his own hand,(holographic codicil) "I am married to Bertha and all references to ‘my wife’ in my will (incorporation by reference) are to Bertha." He dated and signed the document. (republication by codicil rebutting the interested witness presumption)
Recently, Ted died with an estate of $600,000, consisting of his one-half community property share of $300,000 in the $600,000 home he owned with Bertha plus $300,000 in a separate property bank account.
What rights, if any, do Bertha, (#1) Sam, (#2) Dot,(#3) and Cindy (#4) have in Ted’s estate? Discuss.
Answer according to California law.
Outline
1. Validity of 2000 Will
(1) Testamentary Capacity
(2) Testamentary Intent
(3) Witnesses
1) Interested Witness
2. Validity of 2012 Codicil
3. Rights of B
(1) Incorporation by reference
4. Rights of S
(1) Testator's Intent
(2) Act of Independent Significance
5. Rights of D
(1) Interested Witness- rebuttable presumption
(2) Republication by Codicil
6. Rights of C
(1) Residuary clause