Generally, wills can be changed at any time and for just about any reason during a person's lifetime. Upon incapacity and death, those rights change. In addition, certain rules must be followed to either amend or terminate a will. As a rule, anyone "can" challenge the contents of a will, but wills and laws can provide for penalties or "punishments" for improper or unsupported claims. Wills can also contain statements for specific actions if a person challenges a will.
In the first option, you will address what the requirements are for revoking a will. In the second, you will look specifically at a law in your state and address if and how a will could be challenged there.
Choose from one of the following assignment options:
Option 1: Alma Bones, an elderly, wealthy, and reclusive widow, believed that her only child, Harold, had abandoned her, because he had not visited or phoned her for over a year. She telephoned her attorney and directed her to destroy the original of the will that was held in the attorney's vault. The office was closed so she left the message on the attorney's voice mail. That evening Alma died from a stroke. The next day, Alma's neighbor and close friend notified the attorney that Alma had died.
Write a one-page memo to your supervising attorney discussing the following points:
- Did Alma effectively revoke her will?
- Should the attorney comply with Alma's direction? Why or why not?