BLTC-9e
Sample Answer for End-of-Chapter
Hypothetical Question with Sample Answer
Chapter 45: Insurance, Wills, and Trusts
45–2 Hypothetical Question with Sample Answer
Benjamin is a widower who has two married children, Edward and Patricia. Patricia has two children, Perry and Paul. Edward has no children. Benjamin dies, and his typewritten will leaves all his property equally to his children, Edward and Patricia, and provides that should a child predecease him, the grandchildren are to take per stirpes. The will was witnessed by Patricia and by Benjamin’s lawyer and was signed by Benjamin in their presence. Patricia has predeceased Benjamin. Edward claims the will is invalid.
1 Discuss whether the will is valid.
2 Discuss the distribution of Benjamin’s estate if the will is invalid.
3 Discuss the distribution of Benjamin’s estate if the will is valid.
Sample Answer:
1 In most states, for a will to be valid, it must be in writing, signed by the testator, and witnessed (attested to) according to the statutes of the state. In some states the testator is also required to publish (declare) that the document is his or her last will and testament. (Such is not required under the Uniform Probate Code.) In the case of Benjamin, the will is unquestionably written (typewritten) and signed by the testator. The only problem is with the witnesses. Some states require three witnesses, and some invalidate a will if a named beneficiary is also a witness. The Uniform Probate Code provides that a will is valid even if attested to by an interested witness. Therefore, whether the will is valid depends on the state laws dealing with witness qualifications.
2 If the will is declared invalid, Benjamin’s estate will pass in accordance with the state’s intestacy laws. These statutes provide for distribution of an estate when there is no valid will. The intent of the statutes is to distribute the estate in the way that the deceased person would have wished. Generally, the estate is divided between a surviving spouse and all surviving children. Because Benjamin is a widower, if his only surviving child is Edward, the entire estate will go to Edward, and Benjamin’s grandchildren, Perry and Paul, will receive nothing from the estate.
3 If the will is valid, the estate will be divided between Benjamin’s two children, Patricia and Edward. Should either or both predecease Benjamin, leaving children (Benjamin’s grandchildren), the grandchildren take per stirpes the share that would have gone to their parent. In this case Edward, as a surviving child of Benjamin, would receive one-half of the estate, and Perry and Paul, as grandchildren, would each receive per stirpes one-fourth of the estate (one-half of the share that would have gone to their deceased mother, Patricia).