Question
Tess died on December 3, 2018. She was survived by six children and eight grandchildren. Tess did not have a surviving spouse. On November 22,
Tess died on December 3, 2018. She was survived by six children and eight grandchildren. Tess did not have a surviving spouse. On November 22, 2013, Tess had signed a three-page paper entitled "My Last Will & Testament." The paper is in the form of a letter and is addressed "To all my children." Tess signed the letter at her kitchen table while she and her two friends, Maggie and Bess, were sitting there having morning coffee together. The first sentence of the document reads as follows: "In the event that I don't make it back from my safari trip to Africa in January, I wish to bequeath you all of the property & personal belongings divided equally to the six of you & to the seven grandchildren." Tess did, in fact, survive the safari trip and lived for five more years before her death in 2018. In November, 2013, when Tess signed her letter, she had six children and seven grandchildren. In 2015, Tess's son, Daniel, died, and an eighth grandchild to Tess, Elliot, was born to Daniel's wife eight months after Daniel's death. In 2016, Raymond, one of Tess's grandchildren living at the time of the signing of the letter, died, and a ninth grandchild, Frances, was born. Tess therefore had six children and seven grandchildren living at the time her letter was signed, and at the time of her death, she had five living children and eight living grandchildren, albeit not including all of the seven grandchildren alive at the time of the signing of the letter. Last week, Tess's daughter, Sara, duly executed and delivered to the personal representative of Tess's estate, a disclaimer of her interest in her mother's estate. Sara is the mother of three of the surviving grandchildren. Describe the possibilities as to how Tess's estate might be distributed based upon the above facts. Think of the issues and the possible ways they can go. Consider what arguments might be raised, and by whom, to sway the final outcome in his, her or their favor? Explain your answer.
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