QUESTION 1:

Assume that Hal and Wendy are married. They own Greenacreslis "true joint tenants with right of survivorship and not as tenants in common." Wendy has $100,000 in a savings account from her earnings acquired after she married Hal. She also has 100 shares of Amgen stock that she inherited after she married. Wendy's brother, Bill, is dying of AIDS, so Wendy agrees to adopt Bill's son, Sam. Hal and Wendy take Sam in. Wendy l9ves Sam as if he were her own. She makes arrangements to adopt Sam, but Bill's death hits her hard, and she forgets about following through with the adoption.

Several years later, Wendy is killed in a car accident. She is survived by her mother, Maude, and by Hal and Sam. Following her death, they find a business supply store form document titled "Last Will & Testament." Wendy had dated the document and filled in some of the blanks on the form by hand so that the document read as follows:

I, Wendy Smith, leave my property as follows: all my property to my loving husband. Hal.

No other part of the form document was completed, and she did not sign the signature block at the bottom of the document. There are no witnesses to the filling in of the form.

Analyze who gets Wendy's property. Be sure to raise and analyze the arguments that any party to the fact pattern could raise and assert in good faith.

1. Assume that the jurisdiction has a typical intestate scheme and a probate code that recognizes attested wills and holographic wills and that the jurisdiction applies the strict compliance judicial approach to the Wills Act formalities. Who takes Wendy's property under strict compliance?

2. To what extent, if any, would your analysis change if the jurisdiction has a typical intestate scheme and a probate code that recognizes attested wi11s and holographic wills, but the jurisdiction applies the harmless error approach to the Wills Act formalities?