How is a will created? Under what circumstances can a will be challenged
Question 1
How is a will created? Under what circumstances can a will be challenged?
Question 2
John Smith wrote a will dividing his assets amongst family and friends. Consider what would happen to the assets in the following situations:
John bequeathed the family automobiles, vacation home and primary bank account in his wife’s name, Jane. Seven years prior to John’s death, John divorced Jane. The will was not altered to reflect the change in marital status.
John bequeathed a speed boat in his friend’s name, William. William predeceases John by two years. The will was not altered to reflect William’s death.
John bequeathed a prized stamp collection in his friend’s name, Travis. However, prior to John’s death, John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
After the will was made but prior to John’s death, John adopted a daughter, Daisy. John did not alter the will to reflect Daisy.
Given the factors outlined above, what would happen to the assets of John’s estate? What are the technical terms involved and would the outcomes change based on the jurisdiction?
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