James Thorn had two daughters, Kimberly Tolley and Jamea Wilson. When he visited Jennifer Stolz, an experienced

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James Thorn had two daughters, Kimberly Tolley and Jamea Wilson. When he visited Jennifer Stolz, an experienced estate-planning attorney, he expressed concerns that Wilson was irresponsible. He wanted her share of the estate to be held in trust, to be paid at $500 per month, protected from creditors. Thorn also was concerned that Wilson might contest his will. After a discussion with Stolz, he agreed to add an in terrorem clause that would disinherit anyone who contested the will unless that person had probable cause to do so. Less than two months later, Thorn died. Kimberly Tolley petitioned a Kansas state court to admit Thorn’s will to probate. Wilson filed an objection, claiming in part that Thorn lacked testamentary capacity.

The court admitted the will to probate and enforced the in terrorem clause. Wilson appealed. Did the court properly admit Thorn’s will to probate and enforce the in terrorem clause?

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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