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 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.

—For a sample answer to Question 37–2, go to Appendix E at the end of this text.