Question

1. What are the requirements for a valid will. Explain each requirement.

2. Conduct some Internet research and find a case that involves a will contest. Briefly state the facts of the case and explain the court's decision. Provide at least a paragraph of your analysis--do you agree with the court's decision--why or why not?

PROVIDE A REFERENCE TO THE CASE THAT IS USED.

Answer 1

ANSWER 1

The requirements for a valid will are as follow:

1.Age of Majority

In order for a person to make a valid will, he or she needs to be of legal age. In most states, the age of majority is 18. However, there may be exceptions, such as being married or a member of the United States military.

2.Legal Capacity

The person making the will must be of sound mind at the time of the creation of the will. The test to determine if the person has the requisite capacity is if the testator knows that he or she has made a will, understands its effect, understands the nature and extent of the estate and understands what he or she is disposing of.

3.Voluntary Intent

Additionally, a testator must execute a will voluntarily. If he or she was coerced into signing a will or signed it under duress, the will is not considered to be valid. Instead, he or she must have the intent of making a revocable disposition of property that is effective at the time of death.

4.Named Property

A will must dispose of property that is part of the decedent’s estate. It may list all property and assets that the testator owned at the time the will was created as part of the text of the will or in a separate schedule that is referenced in the will.

5.Beneficiaries

The will should state that the property is being disposed of by transferring it to a particular person or entity that is ascertainable. This may be to a person, business, group of people (such as my children or my living grandchildren) or charitable organization.

6.Executor

An executor should also be named in a will. This is the individual who follows the instructions of the will. If an executor is not listed, the court may appoint one.

7.Witnesses

Even if a will is handwritten, there may still be witnesses that are required. Most states require that there be at least two witnesses who see the testator sign his or her will. The witnesses may also need to attest that they saw the other witness sign. While the witnesses may sometimes be the beneficiaries, many states require witnesses to be disinterested parties. The witnesses sign and date the will. They may also sign an affidavit that states their authentication of the will and their signature.

8.Spouses

If a testator has a spouse, the will should list what is to be provided for him or her. All states have laws that protect the spouse from being disinherited. Some states allow the surviving spouse to take an elective share of the estate and disregard the provision involving the spouse in the will. This elective share is usually one-half or one-third of the estate, per state law. Individuals who wish to establish limitations on the property that they leave to their spouses may do so by establishing trusts.

9.Provisions for Minor Children

All states except Louisiana allow a testator to disinherit a child. However, many states require the testator to specifically mention the child and that he or she is being disinherited.

10.Written Requirements

The will must generally be written. It may be typed and signed. Some states recognize holographic wills that are handwritten. A few states recognize oral wills as long as they meet certain conditions.

11.Signing Requirements

Although the will must be signed, states vary as to this requirement. For example, some states require that the will be signed at the end while others only require that it be signed somewhere in the document. The legal requirement may allow for the testator to sign with a nickname or even an “x.” The test is often if the testator intended for the mark to be his or her signature. Some states also allow a person to assist the testator in signing if he or she has physical difficulty in doing so.

12.Legal Ceremony

State law may require that there be a formal ceremony when signing the will. This ceremony may require that unnecessary people be removed from the room and that certain recitations be made.

ANSWER 2:

MICHAEL JACKSON WILL CASE

Michael Jackson left three minor children when he died unexpectedly on June 25, 2009: Michael Joseph "Prince" Jackson, Jr., Paris-Michael Katherine Jackson, and Prince Michael "Blanket" Jackson II. Fortunately for them, Jackson also left an estate plan that included a last will and testament and a revocable living trust.1

Michael Jackson's estate plan was trust-based as opposed to will-based.His last will and testament, referred to as a pour-over will, was, therefore, a relatively short document.

The King of Pop signed his last will and testament on July 7, 2002, shortly after the birth of his last child.

The Pour-Over Provisions of Michael Jackson's Will

Michael Jackson's will left his estate to the "Trustees of the Michael Jackson Family Trust, an amended and restated Declaration of Trust executed on March 22, 2002." This is the pour-over aspect of Jackson's trust-based estate plan—the will "poured" the assets of Jackson's estate into the hands of the trustees of the Michael Jackson Family Trust.4

The trust was a simple revocable living trust, not a special type of irrevocable trust that is sometimes referred to as a family trust and is used by married couples to reduce estate taxes.

Other Provisions of the Will

John Branca, a longtime attorney for the Jackson family, was named to serve as co-executor of the estate along with music executive John McClain and accountant Barry Siegel. Only John Branca and John McClain were appointed.

Michael Jackson's mother, Katherine Jackson, was named as the guardian for Jackson's minor children. If Katherine Jackson was unable or unwilling to serve as the children's guardian, Diana Ross—yes, that Diana Ross—was named to serve as the backup guardian.

And what about Debbie Rowe, the biological mother of two of Jackson's three children? She and Katherine Jackson reached an agreement in August 2009 which allowed Katherine to serve as the guardian of all three of the children.

The will appears to be signed by John McClain and Barry Siegel as two of the three witnesses. All prior wills made by Michael Jackson were revoked in their entirety.

Contrary to popular belief, a will is not required to list anything about the nature of the testator's assets or net worth, and this was the case for Michael Jackson's will.

Who Was Left Out?

A "Petition for Probate" listed all the beneficiaries and fiduciaries named in the will and in the Michael Jackson Family Trust as is required by California law.5 Blatantly omitted from the list is Michael Jackson's father, Joe Jackson.

All Jackson's siblings were left out of the will as well, although Tito's three sons were named among "contingent remainder" beneficiaries, meaning that they would inherit if all other beneficiaries predeceased Jackson.

Deborah Jean Rowe Jackson—Michael Jackson's former wife and the mother of Prince Jackson and Paris Jackson—was intentionally omitted as a beneficiary of the will as well. Jackson and Rowe were married in November 1996 and divorced in October 1999.

Who Inherited and How Much?

It's actually the trust agreement, not the pour-over will, that dictates who inherits what in a trust-based estate plan. You'll have to read a copy of the 21-page Michael Jackson Family Trust if you want to know who ended up inheriting Michael Jackson's estate.

***FOR REFERENCE JUST CHECK ON INTERNET ITS VERY FAMOUS CASE

COURT DECISION IS STILL PENDING ON WILL CASE.

I JUST CAN HELP YOU THIS MUCH.

THANKS AND HAPPY LEARNING.