One year ago, Myrielle executed a handwritten will in State A, in which she left her entire estate to her only daughter.

I, Myrielle Valdacort, being of sound mind and body hereby convey all my property then and there existing upon my death to my only daughter, Giselle Valdacort.  If any male is named a beneficiary of any property I own upon my death, they are hereby removed and my daughter, Giselle Valdacort is substituted as beneficiary.

November 23, 2022

Myrielle Valdacort

At that time, Myrielle’s daughter, Myrielle’s granddaughter (the only child of Myrielle’s daughter), Myrielle’s only son, and Myrielle’s three grandsons (children of her son) were living. Myrielle’s son and her three grandsons had extensive criminal records for theft and burglary.

Myrielle was not close to her children and grandchildren. She rarely saw any of them, even on holidays, although she regularly sent them birthday cards and inexpensive presents.

Three (3) years ago, Myrielle’s doctor prescribed her a drug that was known to produce hallucinations in some patients. Myrielle had difficulties with the drug and began to experience frequent hallucinations leading to her delusion that the male line of her family was “cursed” by Martians. Nonetheless, she continued taking the drug because it was the only medication available to control her medical condition.

Myrielle moved to State B and made friends with residents of her new retirement community.  She expressed to many of her friends that she wanted to leave all her property to her daughter and nothing to her male line. She explained, “Leaving the males in my family anything valuable would be a complete waste on burglars and thieves.”

For the last five  (5) years, Myrielle had regularly had lunch with several friends. All of them were much wealthier than Myrielle. At these lunches, she often told her friends that she was a “multimillionaire” and owned both a “luxurious” home and a “very expensive” car. They had no reason to doubt Myrielle’s claims because many of the residents were wealthy. In fact, Myrielle was never a millionaire, and she never owned either a luxurious home or an expensive automobile. Prior to moving to the retirement home, Myrielle lived in a modest home, and her primary source of income was her retirement and Social Security benefits. She monitored her bank account regularly and reconciled her bank statement every month.  Her move to the retirement community was funded solely by the sale of her home and from cashing in of stocks and bonds to make the move.

One month ago, Myrielle died, survived by her daughter, her granddaughter, her son, and her three grandsons. At her death, Myrielle owned the following assets:

1. Bank account containing $100,000;
2. Home in the retirement community valued at $200,000.00;
3. A golf cart valued at $6,000.00;
4. An antique jewelry collection valued at $50,000.00;
5. The remainder of her retirement account with a balance of $75,000.00, naming her daughter and son as beneficiaries; and
6. Two life insurance policies valued at $100,000.00 each, naming her granddaughter and grandsons as beneficiaries.

State A does not recognize holographic wills, State B, on the other hand, recognizes “wills in a testator’s handwriting so long as the will is dated and subscribed by the testator.”

1. Is Myrielle’s will valid? Explain.
2. Myrielle’s son is contesting the will asserting she lacked capacity. Under the insane-delusion rule, is Myrielle’s will invalid? Explain.
3. Do these facts establish that Myrielle’s will is invalid because she lacked the general mental capacity to execute a will? Explain.
4. How should Myrielle’s estate be distributed?  Explain.