After the death of his wife, Thorne executed a will that transferred all of his assets to
Question:
After the death of his wife, Thorne executed a will that transferred all of his assets to a trust for the benefit of his only daughter, Evelin. Later, Thorne married Dyan.
Fourteen months into the marriage, Thorne died. Dyan objected to the will, asserting that Thorne had intended to provide for her financial security through a trust. She claimed that he had been prevented from creating this trust by Evelin, who had improperly pressured her father.
Is Dyan entitled to a share of Thorne’s estate? It depends. A valid will is one that represents the testator’s ______________ to transfer and distribute their property. When the decedent’s plan of distribution results from improper pressure by another person, the will is ______________. Fraud or undue influence may be inferred when a testator ignores a spouse in favor of a third party who was in a position to influence the terms.
Here, if Dyan can prove that Thorne ______________ to give her a share of his assets in the form of a trust and was prevented from doing so by Evelin, the will is ______________. In that circumstance, Dyan is entitled to a share of Thorne’s estate under the ______________ laws.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell