Vernon is 87 years old and occasionally suffers from insane delusions. He has recently become estranged from his daughter Edith and wants to disinherit her
Vernon is 87 years old and occasionally suffers from insane delusions. He has recently become estranged from his daughter Edith and wants to disinherit her and leave all his property to his son Brandon. Vernon calls Brandon and his friend Doris and asks them to come to his house to witness his new will. They do so, and Vernon handwrites and dates a new will in the presence of Brandon and Doris. All three sign the will.
1. If Edith later contests Vernon's will, a court would likely hold that Vernon was of sound mind when he made the will if it could be proved that he had a lucid interval when he executed his new will.
a. True
b. False
2. When Brandon and Doris signed the will, which of the following duties were they performing?
a. executing the will
b. publishing the will
c. subscribing the will
d. validating the will
3. Vernon's will is valid only if Doris and Brandon were aware that the document they were signing was Vernon's will.
a. True
b. False
4. It was not wise for Vernon to ask his son to be a witness to his will because Brandon can be legally identified as which of the following?
a. an incompetent witness
b. an interested witness
c. a biased witness
d. a tainted witness
5. For Vernon's will to be valid, it must be clear that he had testamentary intent, as well as testamentary capacity, to make the will.
a. True
b. False
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