Two years ago, Testator purchased a $50,000 life insurance policy and named Niece as beneficiary. (VALID TESTAMENTAROY TRUST-NIECE THE BENEFIICAR) One year ago, Testator invited three friends to dinner. After dessert had been served, Testator brought a handwritten document to the table and stated, “This is my will. I would like each of you to witness it.” Testator then signed and dated the document. The three friends watched Testator sign her name, and immediately thereafter, they signed their names below Testator’s name. One month ago, Testator died. (VALID TESTAMENTAROY) (ATTESTED WILL) Testator was survived by Niece, Cousin, and Son. Son is Testator’s child from her first marriage. Testator’s second husband, Husband, died six months before Testator. Husband’s daughter from a prior marriage also survived Testator. The handwritten document that Testator signed and that the three friends witnessed was found in Testator’s desk. Its dispositive provisions provide in their entirety: I, Testator, hereby make my Last Will and Testament. I give my life insurance proceeds to Cousin. (LIFE INSURANCE) I give the items listed in a memorandum to be found in my safe-deposit box to Niece. (GENERAL ITEMS) I give $25,000 each to Church, Library, and School. I give $40,000 to Husband. I give the remainder of my assets to Son. At Testator’s death, she owned the following assets: 1. The $50,000 life insurance policy, payable on Testator’s death “to Niece” (NOT VALID) (IT WILL BE DISBURSED) 2. Jewelry worth $15,000 3. A bank account with a balance of $60,000 The jewelry was found in Testator’s safe-deposit box with a handwritten memorandum signed and dated by Testator the day before she signed her will. The memorandum lists each piece of jewelry and states, “I want Niece to have all the jewelry here.” (NOT VALID) The terms of Testator’s life insurance contract provide that the beneficiary may be changed only by submitting the change on the insurer’s change-of-beneficiary form to the insurance company. State law explicitly disallows “all holographic wills and codicils.” To be valid, a will must be This study source was downloaded by 100000790441205 from CourseHero.com on 04-27-2022 19:56:52 GMT -05:00 https://www.coursehero.com/file/84095195/Feb-2011-UBE-WILLSdocx/ “acknowledged by the testator to the witnesses and signed by the testator in the presence of at least two attesting witnesses, who shall sign their names below that of the testator within 30 days.” (YOU NEEDED TO STATE THE REQUIREMENTS FOR THE LAW) (FOLLOW THIS APPROACH) 1. Is Testator’s will valid? Explain. Here the facts state that the state law provides that a will is not valid unless it is “acknowledge by the testator to the witnesses and signed by the testator in the presence of at least two attesting witnesses, who shall sing their names below that of the testator within 30 day(s)”. I) The will must be acknowledged by the testator to the witnesses. Here, the will was acknowledged by the testator because the testator had invited the three friends to dinner and explicitly told them that he is going to write a will. Thus, this element has been satisfied. II) Signed by the testator in the presence of at least two attesting witnesses. . Here, the facts state that after showing brought the handwritten will to the table, the testator signed and dated the document. Thus, this element is satisfied. III) who shall sing their names below that of the testator within 30 day(s) Here, the facts state that after the testator has signed and dated the will, each of the testator’s three friends had “signed their names below Testator’s names”. Thus, the friend’s constitute assessing witlessness because neither of the friend benefit or bequest from the will. Thus, because “acknowledge by the testator to the witnesses and signed by the testator in the presence of at least two attesting witnesses, who shall sing their names below that of the testator within 30 day(s)”, than the will was valid, as all of the elements have been satisfied. 2. Assuming that Testator’s will is valid, who is entitled to (a) Testator’s life insurance policy? A life insurance policy is not subject to the person will rather it is a contractual agreement that one pays money and in exchange upon a death a certain sum is paid to the name beneficiary. Here, the facts state that (T) had purchased a 50,000.00 life insurance police and named Niece as the beneficiary. Further the insurance policy requires that “The terms of Testator’s life insurance contract provide that the beneficiary may be changed only by submitting the change on the insurer’s change-of-beneficiary form to the insurance company”. Thus, because Niece is named the beneficiary and because (T) did not change the name during their lifetime, then Cousin will not get anything from the life insurance policy. (b) Testator’s jewelry? Explain. Incorporation by Reference- It is a writing that exists at the time of a will is execute and may be incorporated by reference into the will. The will must describe with sufficient particularity that it This study source was downloaded by 100000790441205 from CourseHero.com on 04-27-2022 19:56:52 GMT -05:00 https://www.coursehero.com/file/84095195/Feb-2011-UBE-WILLSdocx/ can be identified, but the writing need not to be witnessed with testamentary formalities. Additionally, the writing/memo must be in existence at the time the will is executed. Here the facts state that the will stated that “I give the items listed in a memorandum to be found in my safe-deposit box to Niece”. Thus, the facts do not however state with specifically what gifts should go to the Niece, rather it is only stated generally. Thus, however when the safe deposit box was opened it had stated that the jewelry goes to Niece. Thus, because the will in itself did not spell out the terms of what items were to be given from the safe-deposit box, the fact that the note stated with particularity what was supposed to be given, then the Niece gets the jewelry from the safe deposit box. (c) Testator’s bank account? Explain The facts state that the will stated that (t) left 40,000.00 dollars to her husband. Thus, however the husband has died, now it must be determined whether the assets goes to the husband’s intestate or T’s intestate. LAPSE The lapse statue states that if a beneficiary predeceases a testamentary than it will go through the residuary or intestate, unless (t) provides an alternative option stated in the will. Here, the facts state that the husband had died before (t). Thus, under a lapse statue all of (t)’s assets will go to (t’s) instate, and the husband’s daughter will be left with nothing. ANTI-LAPSE If the beneficiary dies before the testator than the law allow that beneficiaries’ heirs to take by representation. Most states require to be a blood relative of the testator. Here, the facts state that husband died and was left with one daughter. However, because the facts do not state that the daughter was adopted nor did the facts state that the testator left in her will a specific gift for the husband’s daughter than the husband’s daughter will not be left with anything. Thus, merely marrying a person who has children does not mean the children will stand to inherit unless it is specified. Thus, if the jurisdiction holds a anti-clause than the money will go back to T’s bank account and will not go directly to son as he will get whatever is left from the bank account. Thus, the bank account now has a total of 100,000.00 dollars. CHURCH, SCHOOL, LIBRAR, SON Thus, as stated above the bank account will hold now a total of 100,000.00 dollars. Thus, because the will has specifically stated that each beneficiary gets 25,000 than the church will get 25, 000.00, the school will get 25,000.00 and the library will get 25,000.00. Thus, out of the 100,00 thousand dollars the bank account will be left with 15,000.00 which will go to the son. This study source was downloaded by 100000790441205 from CourseHero.com on 04-27-2022 19:56:52 GMT -05:00 https://www.coursehero.com/file/84095195/Feb-2011-UBE-WILLSdocx/ This study source was downloaded by 100000790441205 from CourseHero.com on 04-27-2022 19:56:52 GMT -05:00 https://www.coursehero.com/file/84095195/Feb-2011-UBE-WILLSdocx/
