Reference no: EM133638479

Question: In December, 1998, Maria , a woman of considerable wealth, dies suddenly of a heart attack. Her husband Michael predeceases her by six months.

Maria's will was prepared by you. Copies of these were also made but only the original will was executed and attested to by her witnesses - Melisa and Christal. In fact, Christal signed Maria's will on her behalf.

Three months before her death, Maria has a heated argument with her aunt Niomi, one of the beneficiaries under her will. As a consequence Maria, in an angry tone of voice, tells Haywood to write over his aunt's name and replace her name with hers. She does this in Maria's presence and in the presence of Christal. Maria then states that is her last will and Melissa and Christal affix their initials in the adjoining margin.

Maria then puts away the original in her study among some books and places the copies in her bedside bureau.

In November of this year, there is a fire and as a result, the original will is burnt to ashes. However, the copies are discovered unsigned but basically intact.

Christal dies in October 1998, and Melisa who is becoming increasingly senile, cannot remember attesting to Maria's will.

However, at the time when the will was executed and attested, Michael and Caressa were present.

ADVISE the executors as to admissibility to probate of the copy of the testator's will and the consequential distribution of Maria's estate.In December, 1998, Maria , a woman of considerable wealth, dies suddenly of a heart attack. Her husband Michael predeceases her by six months.

Maria's will was prepared by you. Copies of these were also made but only the original will was executed and attested to by her witnesses - Melisa and Christal. In fact, Christal signed Maria's will on her behalf.

Three months before her death, Maria has a heated argument with her aunt Niomi, one of the beneficiaries under her will. As a consequence Maria, in an angry tone of voice, tells Haywood to write over his aunt's name and replace her name with hers. She does this in Maria's presence and in the presence of Christal. Maria then states that is her last will and Melissa and Christal affix their initials in the adjoining margin.

Maria then puts away the original in her study among some books and places the copies in her bedside bureau.

In November of this year, there is a fire and as a result, the original will is burnt to ashes. However, the copies are discovered unsigned but basically intact.

Christal dies in October 1998, and Melisa who is becoming increasingly senile, cannot remember attesting to Maria's will.

However, at the time when the will was executed and attested, Michael and Caressa were present.

ADVISE the executors as to admissibility to probate of the copy of the testator's will and the consequential distribution of Maria's estate.