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.

Lena’s will determines the distribution of her property.
The intestacy statutes determine the distribution of her property.

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.

Magdalena is entitled to Darren’s estate.
Madonna is entitled to Darren’s estate.
The will is invalid and Darren’s assets pass pursuant to the intestacy statutes.