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Question 1
Elena had been in and out of mental institutions for several years. Recently, she had been adjudicated to be incapacitated and a guardian had been appointed to manage her affairs. On the same day, she executed: a contract to purchase a new car, her will and a deed to convey her interest in a rental property. Which action is most likely to be valid?
Correct
Incorrect!
Correct
Incorrect!
Correct The mental capacity required for making a will is a much lower legal standard than the capacity to enter into other types of agreements. Here, her incapacity will bar her from entering into a contract or executing a deed. Nevertheless, she can still pass the four-prong test used to determine capacity to execute a will, thereby making the will valid.
Incorrect! The mental capacity required for making a will is a much lower legal standard than the capacity to enter into other types of agreements. Here, her incapacity will bar her from entering into a contract or executing a deed. Nevertheless, she can still pass the four-prong test used to determine capacity to execute a will, thereby making the will valid.
Question 2
Prior to his death, Martin revoked his will and executed a new one with substantially the same provisions as the first but decreasing the gifts to his daughter, Tiffany, and her children and deleting the clause creating a trust in favor of Tiffany. In both wills, Martin devised the residue of his estate to two sons, Evan and Arnold. Tiffany contested the residuary clause in the second will claiming that Evan and Arnold had unduly influenced their father's will. Tiffany was successful with her challenge. The court:
Correct
Incorrect!
Correct If only one gift in the will was the product of undue influence, the remaining parts of the will are valid, as long as the partial invalidation does not alter the testator's overall testamentary plan. Here, to set aside only the residuary clause would cause that portion of the estate to pass to Tiffany, Evan and Arnold through intestacy, giving each a one third share. From Martin's first will, it was clear that Martin did not want Tiffany to receive such a large portion of his estate. As such, the court set aside the entire second will and admitted Martin's first will to probate. See, e.g., In re Klage's Estate, 209 N.W.2d 110 (Iowa 1973).
Incorrect! If only one gift in the will was the product of undue influence, the remaining parts of the will are valid, as long as the partial invalidation does not alter the testator's overall testamentary plan. Here, to set aside only the residuary clause would cause that portion of the estate to pass to Tiffany, Evan and Arnold through intestacy, giving each a one third share. From Martin's first will, it was clear that Martin did not want Tiffany to receive such a large portion of his estate. As such, the court set aside the entire second will and admitted Martin's first will to probate. See, e.g., In re Klage's Estate, 209 N.W.2d 110 (Iowa 1973).
Correct
Incorrect!
Question 3
Isaac was 90 years old, yet he had never prepared a will. He had one grown child and three grandchildren. Unfortunately, with three children, his daughter, Giselle, could not give her father the care he needed. Accordingly, Isaac lived in an assisted-living center. One of the nurses at the center was very attentive to Isaac's needs. After several months, they became very close. The nurse's son was an attorney, so she suggested that Isaac should have her son prepare his will. Isaac agreed and the will she helped him create left the bulk of his estate to the nurse, Gail. He left a nominal amount to Giselle and her children. After Isaac's death, Giselle contested the will. The probate court will reject the will.
Correct In assessing the factors of the undue influence test, the following items are evaluated: the requisite confidential relationship was present, the person played an active part in the preparation of the will and the disposition of the assets was 'unnatural.' Here, there was a person in a confidential relationship and that person helped the decedent prepare the will. Also, the disposition of the assets was contrary to what would be expected. As such, the probate court would probably reject the will.
Incorrect! In assessing the factors of the undue influence test, the following items are evaluated: the requisite confidential relationship was present, the person played an active part in the preparation of the will and the disposition of the assets was 'unnatural.' Here, there was a person in a confidential relationship and that person helped the decedent prepare the will. Also, the disposition of the assets was contrary to what would be expected. As such, the probate court would probably reject the will.