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Question 1
Manuel has three children, two daughters and a step-son. He first drafted a will five years ago that left all his property to his two daughters. A second will left all his property to his second wife, Allison. A third will left all his property to Allison, his two daughters and his stepson. Manuel dies.
Correct
Incorrect!
Correct
Incorrect!
Correct When deciding which papers constitute a testator's will, one has to evaluate whether the separate documents are consistent with each other or conflicting. Here, all three wills leave the same property to different sets of people. As such, those instructions are conflicting. Taken together, it would be impossible to determine what share of the estate each person would get. Accordingly, it makes more sense that the third will is a true reflection of Manuel's intentions and would be the only valid will,
Incorrect! When deciding which papers constitute a testator's will, one has to evaluate whether the separate documents are consistent with each other or conflicting. Here, all three wills leave the same property to different sets of people. As such, those instructions are conflicting. Taken together, it would be impossible to determine what share of the estate each person would get. Accordingly, it makes more sense that the third will is a true reflection of Manuel's intentions and would be the only valid will,
Correct
Incorrect!
Question 2
Deborah executed her will in 1995, naming her son, Aidan, the executor and principal beneficiary of any personal property except that designated by a list of bequests contained in a notebook. Aidan had never seen his mother with this notebook; however, he was generally aware of who she wanted to leave her property to. Her will left any real property to her sisters, Dawn and Lynne. However, Deborah had developed a friendship with one of her tennis partners, Everett. She wanted to leave him her tennis memorabilia. In late summer, right before the U.S. Open, Deborah caught pneumonia and spent several days in the hospital. During her stay, one of the nurses brought her a notebook so she could record her bequest to Everett. Two days later, Deborah died. Although Aidan received the notebook from the hospital, he refused to give Everett the items.
Correct
Incorrect!
Correct One of the requirements for incorporating an outside document by reference is that it must be in existence at or before the time the will was made. Here, Deborah did not create the notebook until after the will was executed. As such, it cannot be incorporated by reference to determine the distribution of the tennis memorabilia. Aidan is the principal beneficiary of any personal property not contained in the notebook. When we ignore the contents of the notebook, Everett's bequest fails. Instead, the tennis memorabilia will pass to Aidan.
Incorrect! One of the requirements for incorporating an outside document by reference is that it must be in existence at or before the time the will was made. Here, Deborah did not create the notebook until after the will was executed. As such, it cannot be incorporated by reference to determine the distribution of the tennis memorabilia. Aidan is the principal beneficiary of any personal property not contained in the notebook. When we ignore the contents of the notebook, Everett's bequest fails. Instead, the tennis memorabilia will pass to Aidan.
Correct
Incorrect!
Question 3
Bo and his wife, Vicky, started a business that makes parts for cars in suburban Toledo, OH, 30 years ago. At the time, they were fresh out of high school. Many of the employees who started with them still work for them today. To show their appreciation for their employees' loyalty, each will bequeathed $500 to each person employed in the business at the time of either one's death. This type of bequest is valid.
Correct This is a valid designation because it was done for non-testamentary reasons, thereby qualifying as an act of independent significance. Bo's hiring and firing of employees is normally done for business reasons rather than as a means to designate beneficiaries in a will.
Incorrect! This is a valid designation because it was done for non-testamentary reasons, thereby qualifying as an act of independent significance. Bo's hiring and firing of employees is normally done for business reasons rather than as a means to designate beneficiaries in a will.