Like the Anna Nicole Smith case, Michael Jackson will certainly bring a litany of law suits surrounding his trust and/or will. Under what legal theory could his will be contested? Some might argue if he was under the influence of drugs, he lacked the mental capacity. However, even if he was a frequent or even daily drug user, only a few minutes of clarity is sufficient for testamentary intent. Has anyone researched the Anna Nicole Smith case since it might be closely related set of circumstances? During the coming weeks, I would not be surprised to hear about a recently discovered codicil, revocation, lack of testamentary capacity, undue influence, fraud or who knows what else. A similar fact pattern on the bar exam could make for a very demanding essay!! Please share your thoughts on these and other similar cases you may have come across.
Posts Tagged ‘Wills Mnemonics’
To be valid, a will must be SWEPT
S = signed by an adult testator (or w/someone?s help)
W = in writing
E = signature must be at the end
P = published that it?s a will
T = two witnesses who do not have to be adults must sign w/in 30 days of each other.
The will must be Written with Intent to give away at Death, Officially Witnessed and Signed. “Officially” refers to the COnscious PresencE doctrine.
Striptease Demi (Moore) Generated a Real Interest
Gifts by order of priority (reverse abatement) are:
Remember, if you don’t have enough $$, you live in your parents BASEMENT.
Someone gave me the EXXON station free of debt. EXONERATION means the given free from all mortgage debts.
Daddys Doctor Recently Retired:
Doctoring of Dependent Relative Revocation
Someone took my DIM SUM GIFT from the STATE:
ADEMPTION means a specific gift lapses if missing from the estate.