1. A client comes to your office. She wants to disinherit her three children and leave her entire estate in trust for the benefit of her dog, Fifi. Develop a list of questions that could be used to determine whether the testator has the capacity to understand the consequences of her actions.
2. Prepare a sample signature and attestation clause that would meet the requirements for your jurisdiction.
3. A client comes to your office for aconsultregarding his father’s will. The father recently passed away and leftclientthe sum of $100,000. The client is an only child and the father’s estate is worth $8 million. The motherpredeceased the father. The client believes he is entitled to the entire estate. In reviewing the will, you discover the following clause: If a beneficiary or devisee under this will contests or challenges the probate of this will or any of its clauses in any manner, in such even the bequest or devise of my estate given to such beneficiary or devisee under this will is hereby revoked andforfeited, andsaid bequest or devise shall be distributed as part of my residuary estate.
Review the law inthe state ofVIRGINIA ,United States of AMericaand advise your client whether this clause is enforceable.
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