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Anna, a very wealthy woman, was disappointed with most of her relatives. Anna writes and signs a will leaving all of her estate to a
Anna, a very wealthy woman, was disappointed with most of her relatives. Anna writes and signs a will leaving all of her estate to a charity. At a family gathering, Anna tells her family how disappointed she is with them, then holds up the will she wrote and says: "This is what will happen to my estate if you don't shape up." Anna dies, and the will leaving her estate to charity is admitted for probate. One of Anna's intestate heir wants to introduce evidence that Anna did not intend the will to control the distribution of her estate, but was created simply to get her relatives to improve their conduct. In a jurisdiction that follows the Restatement of Property, under what circumstances should such evidence be admitted? Question 6 options: a) If the fact that Anna did not intend the will to control distribution of her estate is established by a preponderance of the evidence. b) If the fact that Anna did not intend the will to control distribution of her estate is established by clear and convincing evidence. c) Only if the evidence is proffered by someone other than a potential beneficiary of the estate. d) Such evidence should not be admissible under any circumstances
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