At the time of his death, Roger’s only possession was his house. Title to the house was in Roger’s name alone. Roger was once married to a woman named Mary, but the two divorced five years earlier. Despite this, Roger and Mary were on friendly terms. Roger had no other known relatives. While on his deathbed, Roger told Mary that he wanted to leave ownership of his house to her. This deathbed conversation was witnessed by Roger’s lawyer, who had been summoned to Roger’s deathbed to draft a will. Unfortunately, Roger died before the will was properly executed. Two months later, a mysterious woman named Candy came to town. Candy identified herself as Roger’s longtime paramour, and she had in her possession a will that Roger allegedly executed two years earlier. The will stated that 100% ownership of the house was to go to Candy. It was later discovered that Roger’s lawyer was also representing Candy at the time of Roger’s death.

(a) If the Will in Candy’s possession is valid, what legal effect will Roger’s deathbed conversation have with regard to the transfer of title to the house? 

(b) If the Will in Candy’s possession is a fake, who will gain title to Roger’s house? 

(c) Regardless of your answers to parts (a) and (b), assume that Roger and Mary did not formally divorce (i.e., they just lived separately). What legal effect will this have for Mary? 

(d) If Roger did not know (or had any reason to suspect) that his lawyer was also representing Candy, what should have been the proper way for Roger’s lawyer to have handled the situation?

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aThe will is the legal document that controls the disposition of Rogers property If the will is vali... View the full answer