Bar Exam (US) Wills: Question below refer to the following fact pattern. When they were married,...

Question

Question below refer to the following fact pattern.

When they were married, Bill and Lori executed wills that left their entire estates to each other. Four years after they executed their first wills, they decided to draft new ones to include their sisters and brothers as well as their daughter Emma who was born after the execution of their first wills. Lori's new will reads as follows:

"I, Lori Testator, being of sound mind, do hereby declare this to be my last will and testament. I hereby leave all of my possessions to my husband, Bill, if he should survive me by 48 hours. If he should not survive me, I hereby devise as follows: I leave my jewelry and $5,000 to my sister, Ruth; my home theater system and $5,000 to my sister, Sarah; my piano to my brother-in-law Chris; and my music collection to my brother-in-law, Steve. The remainder of my estate I devise to my daughter, Emma."

The will is properly signed and witnessed and meets the other testamentary formalities required by the state of their residence. Bill predeceases Lori, and Lori takes all of Bill's possessions under his will.

Assume for the purposes of this question that Lori executes her second will, then dies several months later. On her death, her will is nowhere to be found. Ruth and Sarah nevertheless wish to have her will entered into probate. Will they be successful?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    No, because the will itself is the best evidence of its contents.
  2. B
    Correct Answer
    No, because if the will cannot be found, there is an irrebuttable presumption that Lori revoked it.
  3. C
    Correct Answer
    Yes, but they may not testify as to the contents of her will.
  4. D
    Correct Answer
    Yes, if they can prove the contents of her will and show that she did not revoke it.
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