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Scenario: Emma Joneshired SandyPorquine, an attorney, to draft her will. The will named Bob Kripto and others (Kripto) as beneficiaries. WhenJonesdied, it was discovered that
Scenario:Emma Joneshired SandyPorquine, an attorney, to draft her will. The will named Bob Kripto and others (Kripto) as beneficiaries. WhenJonesdied, it was discovered that the will was improperly drafted, violated state law, and was therefore ineffective.Jones'sestate was transferred pursuant to the state's intestate laws rather than pursuant to Jones's will. As a result,Kripto did not receive the $75,000 he would have otherwise received had the will been valid.
Questions:
- IfKripto suesAttorneyPorquinefor breach of theJones-Porquinecontract to recover what he would have received under the will, could Attorney Porquinesuccessfully defend himself due to Kripto not having standing to sue? Why or why not?
- If hisbreach of contractcase goes forward,would Kripto win? Why or why not?
- What sort of remedy(ies) are possible to Kriptoif he wins?
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