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PROBLEM-SOLVING:BAR PRACTICE (law)
Finance & Accounting
Pages 17 (4267 words)
(Title) (Name) (Subject) (Nature of Work) SUMMARY OF ADVICE In brief, Mrs. Carol Nash may contest the will of her father, John Pendleton, dated 2010 and stand to collect, along with her sibling, Louise Pendleton and their children, the estate of their father…
REPORT The Client' Objectives It is the objectives of Carol Nash and Louise Pendleton in the process, to contest the alleged 2010 last will and testament supposedly executed by their father, John Pendleton in favor of Charlotte and Trevor Michaels and have it declared invalid. Likewise, it is their aim to reinstate the validity of the initial will dated 1992 where they stand to inherit their father's Residuary Estate. Failure to do the latter would not bring harm to their foremost objectives since the intestacy law would still render them recipients of their father's estate should both wills be revoked. A. Claims Against Charlotte and Trevor Michaels There are several areas of the law that can be applied to this probate case. They need to contest the will based on several items, namely, fraud and undue influence, capacity to make a will, animus testandi and failure to carry out necessary and lawful formalities in the execution of the contract. 1. ...
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