Question
After winning a substantial amount of money in the state lottery, Theresa decided to execute a will. She went to the local stationary store and
After winning a substantial amount of money in the state lottery, Theresa decided to execute a will. She went to the local stationary store and purchased a pre-printed will form. The pre-printed form contained an introductory paragraph, a series of blank lines, and a place for a signature. On the blank lines, Theresa wrote:
"Clause 1 - I devise my car to my brother, Bob.
Clause 2 - I devise $5,000 to my best friend, Hope.
Clause 3 - I devise $10,000 to my sister, Helen.
Clause 4 - I leave the rest of my estate to my father, David."
Theresa then wrote her initials in the place designated for signature. Although the pre-printed form had a place at the top for a date, Theresa left this blank.
One year later, Theresa discovered that Hope had recently lost her job and was in financial difficulty. She altered the will form by crossing out the amount of $5,000 stated in Clause 2 and typing above it "$25,000."
One week later, Theresa was involved in an automobile accident. As a result of the accident, Theresa's car was declared a total loss. Theresa's insurance company agreed to pay Theresa $5,000 as compensation for the loss of the car. Before the insurance company could pay the $5,000, Theresa died from her injuries suffered in the automobile accident. Theresa's estate (not counting the $5,000 due from the insurance company) consisted of $12,000.
- Did Theresa leave behind a valid will? Discuss.
- Assuming the pre-printed form created a valid will, how should Theresa's estate be distributed? Discuss.
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