Reference no: EM133395100
Assignment:
In old age, Gerry fell in love with his pager, a nurse named lClaudia. Claudia convinced lGerry that his two adult children, Michael and Mary, were stealing his money. This was not true. Michael and Mary tried to convince their father of their irmocence, but he refused to listen. In despair, Michael and Mary stopped talking to their father. Gerry did not have a will, but he engaged Ricardo, a solicitor, to prepare one for him which left everything to Claudia.
Gerry read over the M approved of it. With Ricardo's assistance he executed it in the proper manner. Then, in order to defeat any family w claim by Michael and Mary, he transferred the title of his only asset, a $3 million dollar house, to lClaudia for $1. Eighteen months later he died.
PART A
Can Michael and Mary successfully challenge the will on the grounds that Gerry lacked capacity? Does it otherwise meet the mental elements required for a valid will? Identify the relevant law and discuss how it will be applied.
PART B
Assume that Michael and Mary make a family provision claim against Gerry's estate. What are the legal tests they will need to meet, in order to qualify for a family provision award? Can the court include the Middle mm property in a family provision order?
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Can court middle mm property in a family provision order
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