Suggested Time to Complete: 36 minutes
Oscar’s Handwritten Will – Difficult
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This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Oscar handwrites a will providing that $100,000 should go to his friend Pauline, with the residue of his estate going to his friend Rosaline. His will is witnessed by Pauline and his daughter. However, the non-material provisions of the will are typed rather than handwritten. Additionally, Oscar is suffering from a mental illness that causes him to be confused about where he is at times. Pauline tells Oscar that he will have bad luck for the rest of his life if he does not increase the gift of $100,000 to $1 million. Oscar modifies his will, increasing the gift as requested by Pauline.
Is Oscar’s will valid under the Uniform Probate Code?
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To answer this question, you should first think about and discuss whether Oscar had testamentary capacity, then, whether Oscar created a valid holographic will, and finally, whether the gift to Pauline is valid.
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