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Essay / Research Paper Abstract
This 3 page paper focuses on a case study submitted by a student. The significance of drawing up a will, and keeping it updated, is relayed by the example. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA523wil.rtf
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Unformatted sample text from the term paper:
Barbara predeceases him but John never revises the Will after her death. Joe, the personal representative, filed for summary administration with the Court to request that the Estate be disbursed
equally between Joe, Sally and and Barbaras offspring so that each child, or in the case of Barbara her three children, would receive one third of the estate.
Sally contested the disbursement and claimed that since the Will "does not provide residual interest to the heirs of her deceased sister that she and Joe, the only living children
of John Doe, should each be entitled to one-half of the Estate." Rather than Barbaras children sharing Barbaras portion, or one third of the estate, Sally believes that she and
Joe should split it down the middle. This is not an unusual case. It is often true that siblings fight over an inheritance. In this case, the problem is
that one of the beneficiaries dies prior to the testator. Some might reasonably assume that the property would become a part of Barbaras estate. She has three children and so
her portion could theoretically be divided by them, or it could if interpreted differently, be shared by the remaining siblings and nothing would be given to the grandchildren. Sally
believes that the latter should be the case. She considers the fact that this method is fair and bases her reasoning largely on the omission of a dictum for residual
interest. However, which way seems fair does not matter nor does it matter what the Will does not say. The outcome is a matter of law. It is important
to have a Will and that fact is demonstrated by this case. Dying intestate would have been a disaster. Yet, this Will is problematic because it has not been updated.
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