Will Contests Self-Quiz








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?
Choice 1 The execution of the deed.
Choice 2 The execution of the contract
Choice 3 The execution of the will.
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:
Choice 1 Set aside only the residuary clause in the second will.
Choice 2 Invalidated the entire second will and admitted the first will to probate.
Choice 3 Invalidated the entire second will and the assets passed pursuant to intestacy statutes.
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.

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