CHAPTER 45
WILLS, INHERITANCES, AND TRUSTS
Answers to Learning Objectives
1. A will is an instrument, prepared in the form prescribed by law, setting forth how an owner of
property wishes it to be distributed after the owner’s death. The limitations on disposition of
property are that one cannot deny a spouse the statutory share in the estate and one may not control
the distribution of property in perpetuity.
2. The normal formalities required for executing a will are that it be in writing, signed by the testator,
Lesson Outline
1. A will is an instrument, prepared in the form prescribed by law that provides for the disposition of a
person’s property to take effect after death.
2. The restrictions placed upon the right to dispose of property by will are as follows:
a. One cannot deprive a spouse of a statutory right in the property.
b. In some states one cannot control by will the distribution of property in perpetuity.
3. Terms common to wills:
a. A testator or testatrix is the person making the will.
b. A devisee is the one receiving a gift of real estate; a legatee is one receiving a gift of personal
4. A will has the following characteristics that distinguish it from other legal instruments:
a. The courts construe a will with less technical strictness than a deed or other written document.
5. All states prescribe certain formalities that a will must meet. These formalities must be strictly
adhered to.
6. Some special types of wills are holographic wills, those written entirely in longhand by the testator;
and nuncupative wills, those that are made orally during an emergency.
Chapter 45 Wills, Inheritances, and Trusts
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a. Destruction or alteration.
b. Marriage and divorce.
c. Execution of a later will.
d. An after-born child.
10. An ademption exists when a testator bequeaths an item to a party and the item is not in the estate at
the testator’s death.
11. When the testator dies leaving a will, the will must be probated. With but few exceptions, anyone
may be appointed by the testator to serve as an executor of the will.
15. The law sets forth an order of priority for the appointment of an administrator. Administrators must
also post a bond. The prime duty of an executor or an administrator is to preserve the estate and
distribute it to the rightful parties.
16. A trust is a form of contract by which one person or entity agrees to hold property for the benefit of
Comments on Cases
(p. 542) The court noted that “the law respects the choices of a competent testator,” even though he may
show “questionable wisdom or social utility.” Maimonides School v. Coles, 881 NE2d 778 (Mass.
App. Ct.)
(p. 544) The court found that even if Harriet had signed an original from which this photocopy was
taken, there was no way of knowing when, or if she had ever changed her mind and revoked it.
In re Estate of Clemetson, 812 N.W.2d 388 (N.D.)
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(p. 550) The law begins its per capita division of the estate with the first generation of heirs who survive
the decedent. Later generations must take per stirpes. Stokan v. Estate of Cann, 266 S.W.3d 210
(Ark. Ct. App.)
Answers to Questions
(Page 554)
1. In order to make valid wills, a people must have the mental capability at the time of making a will
to know the natural objects of their bounty, understand the nature and extent of their property,
understand that they are making a will, and have the ability to dispose of their property by means of
a plan they have formulated.
2. 1. The right of a spouse to a set portion of all the property the decedent owned. 2. In some states,
one cannot control by will the distribution of property for all time.
5. Probate is the court procedure that determines the validity of a will.
6. At some point in its line of succession, every state has a limit beyond which no more beneficiaries
will be sought and property passes to the state.
7. a. If an intestate leaves three living children and no spouse, the property is distributed per capita,
or in three equal parts. If one child predeceased the intestate and left two children, the property
is distributed per stirpes; that is, one third will be equally divided between the deceased child’s
two children.
Answers To Case Problems
(Page 554)
1. The court held that the entire will was not invalid, only page 6. In re Succession of Simonson, 982
So.2d 143 (La.App.).
Chapter 45 Wills, Inheritances, and Trusts
2. Yes. The grandsons clearly had a confidential relationship with Anderson. However, this alone was
insufficient to find they unduly influenced her. The will was unchanged, the power of attorney was
never used, and testimony showed Anderson preferred to stay in her own home rather than go to a
nursing home. In re Estate of Anderson, 674 S.E.2d 176 (S.C.App.)
5. Yes, the court found sufficient cause to remove Danny when looking at the totality of the
circumstances. In re Estate of Webb, 817 N.W.2d 304 (Neb.)
6. The court determined that the letter was a valid will (which also contained a valid
disinheritance clause). Vicki Palm argued that while the letter was a valid will, it was
ineffective because Kelleher predeceased Melton. She argued that Melton’s estate should
pass through intestacy to her. She lost and the estate went to the state, not to any relatives.
In re Estate of Melton, 272 P.3d 668 (Nev.)
7. Yes. The court held that LeBlanc’s actions were motivated by a desire to benefit the estate and
preserve its assets. LeBlanc had to act impartially and that he did. In re Estate of Dineen, 904 A.2d
Answers to Summary Cases for Part Nine
(Page 557)
1. Eve was responsible to pay for repairs and upkeep on the house. The court found that she had
agreed to the restrictions on her life estate when she signed the prenuptial agreement, and had no
basis to complain after that.
2. The new landlord had wrongfully terminated the lease, and Blank was entitled to reasonably
foreseeable damages. The court found these included: “moving expenses, architecture fees, new
furnishings and décor, the cost of the buildout and outfitting of … three operatories, … installation
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10-year statute of limitations began to run, and by the time the daughters sued, had already
passed.
5. Yes. The court pointed out that taking by virtue of being the survivor of a joint tenancy was a way
of taking ownership of property so the words “or otherwise” would include such taking. The