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Question 1
Norton's will makes a gift to his brother-in-law, Harvey. The balance of his estate will go to his wife, Angel. Subsequently, Norton and Angel (Harvey's sister) get a divorce. Later, Norton dies before changing his will. Harvey is still entitled to the gift.
Correct The divorce revokes only the gifts to the testator's former spouse, not her relatives. Here, there is no requirement that Harvey has to be Norton's current brother-in-law to receive the gift. That nomenclature is purely descriptive. Accordingly, despite the divorce, Harvey is still entitled to the gift.
Incorrect! The divorce revokes only the gifts to the testator's former spouse, not her relatives. Here, there is no requirement that Harvey has to be Norton's current brother-in-law to receive the gift. That nomenclature is purely descriptive. Accordingly, despite the divorce, Harvey is still entitled to the gift.
Correct
Incorrect!
Question 2
Manny and Felicia were married in 1985. At the time, Manny worked for Citibank. As part of his benefits package, Citibank provided its employees with group life insurance. Manny participated in this program and obtained a $25,000 term policy, naming Felicia as the beneficiary. In 1990, Manny and Felicia got a divorce. Subsequently, Manny married Dorothy and they had two children together. Manny died in 1995; he had never changed the beneficiary designation on the insurance policy.
Correct Although divorce revokes gifts to former spouses contained in the will, the divorce has no affect on nonprobate assets, such as life insurance policies. Rather, the contract with the insurance company governs who receives the insurance proceeds. Here, although Manny and Felicia were divorced, he had never changed the beneficiary designation on the policy. Accordingly, Felicia is still entitled to receive the proceeds.
Incorrect! Although divorce revokes gifts to former spouses contained in the will, the divorce has no affect on nonprobate assets, such as life insurance policies. Rather, the contract with the insurance company governs who receives the insurance proceeds. Here, although Manny and Felicia were divorced, he had never changed the beneficiary designation on the policy. Accordingly, Felicia is still entitled to receive the proceeds.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Jacqueline wrote "void" on the back of her will because she wanted to cancel it. A few years later, Jacqueline died and her brother, the primary beneficiary of her estate, found the will. He submitted it to probate. The court will reject the will.
Correct
Incorrect!
Correct In order to effectively cancel a will, the marking or other line-out has to be on the face of the will and touch the words in the will. Here, Jacqueline wrote 'void' on the reverse of the will. This mark did not touch any of the words of the will. Plus, it was not on the face of the will. Accordingly, the will is still valid and will be accepted for probate.
Incorrect! In order to effectively cancel a will, the marking or other line-out has to be on the face of the will and touch the words in the will. Here, Jacqueline wrote 'void' on the reverse of the will. This mark did not touch any of the words of the will. Plus, it was not on the face of the will. Accordingly, the will is still valid and will be accepted for probate.