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Question 1
Lena lived with her partner, Bianca, in a condo in Santa Fe, NM. Lena and Bianca execute mutual wills, each leaving the other her property. Subsequently, Bianca's mother, Erica, paid Lena $1 million to tear up her will. Two months later, Lena was shot and killed by her former lover, Michael. Lena had never destroyed her will.
Correct It is perfectly legal to make a contract with someone to die intestate, provided there is consideration. If there is a dispute over the contract, contract law applies. The will is still valid, even if its creation breached the contract. Here, Lena received consideration from Erica to destroy her will, thereby subjecting the distribution of her assets to the intestacy statutes. Since she did not destroy the will, Lena breached the contract. Nevertheless, the will is still valid and will determine the distribution of her property.
Incorrect! It is perfectly legal to make a contract with someone to die intestate, provided there is consideration. If there is a dispute over the contract, contract law applies. The will is still valid, even if its creation breached the contract. Here, Lena received consideration from Erica to destroy her will, thereby subjecting the distribution of her assets to the intestacy statutes. Since she did not destroy the will, Lena breached the contract. Nevertheless, the will is still valid and will determine the distribution of her property.
Correct
Incorrect!
Question 2
Magdalena lived with her partner, Darren. To ensure that each would inherit the other's property, they executed mutual wills, implicitly promising not to change them. Two years later Darren dies in a boating accident. When Darren's will was submitted for probate, Magdalena discovered that the beneficiary of his estate was his sister, Madonna.
Correct
Incorrect!
Correct Just because mutual wills are drafted together with similar provisions does not mean there is definitive proof that they were to be contractual. Although Magdalena and Darren tacitly agreed not to change their wills, there was no binding agreement between them not to make any changes. As such, Darren was free to make changes to his will. Since Madonna was the beneficiary in his most recent will, she is entitled to Darren's estate.
Incorrect! Just because mutual wills are drafted together with similar provisions does not mean there is definitive proof that they were to be contractual. Although Magdalena and Darren tacitly agreed not to change their wills, there was no binding agreement between them not to make any changes. As such, Darren was free to make changes to his will. Since Madonna was the beneficiary in his most recent will, she is entitled to Darren's estate.