Wills 1. Benjamin is a widower who has two married children, Edward and Patricia. Patricia has two children, Perry and Paul. Edward has no children.

Wills

1. Benjamin is a widower who has two married children, Edward and Patricia. Patricia has two children, Perry and Paul. Edward has no children. Benjamin has a will that was signed by Benjamin in the presence of Patricia and Benjamin’s lawyer. When Benjamin dies, his typewritten will leaves all of his property equally to his children, Edward and Patricia, and provides that should a child predecease him, the grandchildren are to take per stirpes. Patricia has predeceased Benjamin. Benjamin lives in a state where the surviving members of the next generation with a living survivor takeper capita. Edward claims the will is invalid. Is the will valid? What is the distribution of Benjamin’s estate if the will is invalid? What is the distribution of Benjamin’s estate if the will is valid?

In this case, Select

Benjamin

Edward

Patricia

Perry

Paul

Item 1

 is the testator.

2. To be valid, most states require proof of the testator’s mental state or Select

capacity

ability

Item 2

 , proof of testamentary desire or Select

intent

wish

Item 3

 , a Select

written

sealed

confidential

Item 4

 document, the testator’s Select

signature

fingerprints

full name

Item 5

 , and the signatures of Select

witnesses

lawyers

beneficiaries

Item 6

 .

3. If the statutory requirements are not followed, a will Select

is

may be

Item 7

 declared Select

void

valid

voidable

Item 8

 , and the decedent’s property is distributed according to the laws of Select

intestacy

escheat

administration

Item 9

 of that state.

4. The intestacy laws of Benjamin’s state provide that all property be divided Select

           per stirpes         

           per capita         

Item 10

 , or among the survivors of the next generation with a living survivor.

5. The next generation below Benjamin with a living survivor is the generation of his Select

children

grandchildren

Item 11

 , of which Select

Edward

Patricia

Item 12

 is the sole survivor.

6. If the will is declared invalid, then the estate would be distributed to Select

Edward and Patricia

Edward only

Patricia only

Edward, Perry and Paul

Item 13

 .

7. Benjamin’s will is Select

in writing

holographic

oral

Item 14

 , it is Select

signed

misplaced

revoked

Item 15

 , and it is attested to by Select

two

three

four

Item 16

 witnesses. In addition, there Select

is

is not

Item 17

 evidence of a lack of capacity or intent.

8. If the will is determined to be valid, then Select

Edward

Patricia

Item 18

 would receive Select

one-half

all

none

Item 19

 of the estate and Select

Patricia

Perry and Paul

Item 20

 would receiveSelect

all

one-fourth each

one-half each

Item 21

 of the estate.

9. Given the information in this case, it is likely that a court would find Benjamin’s will Select

valid

invalid

Item 22

 .

10. WHAT IF THE FACTS WERE DIFFERENT?

What if Benjamin had signed a separate document, witnessed by his lawyer and his lawyer’s assistant, which revoked all prior wills?

A court likely would find that Benjamin’s will is Select

valid

invalid

Item 23

 .

11. In this case, Benjamin’s estate will be distributed to Select

Edward only

Patricia only

Edward, Perry, and Paul

Perry and Paul only

Item 24

 .

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