Question

Scott types up a will. Scott's will says upon his death all of his property goes to Ricardo. Scott signs his will before two witnesses. After drawing up the will, Scott gets into a fight with Ricardo and decides to change his will. After the fight, Scott takes a pen and crosses out Ricardo's name and writes Mike's name. Scott also has a wife, Ally. Assume the state where Scott lives does not recognize holographic wills. Upon his death, who would recover Scott's property?

a. Ricardo. The change is not a valid amendment to his will
b. Mike. The change Is a valid amendment to his will
c. Ally. The change invalidates the will and she takes through intestacy
d. The State. The attempt to change the will revokes the will and his property is given to the state,

Answer 1

Answer: a. Ricardo. The change is not a valid amendment to his will

Step-by-step explanation:

The state they are in does not recognize holographic wills. A holographic will is one that is handwritten by the testator (Scott) and is not signed in front of witnesses or notarized.

The first will by Scott was typed and signed in front of witnesses. It is therefore recognized by the state they are in. Scott makes the correction to the will with a pen (handwritten) and does not do so in the presence of witnesses so the correction makes it holographic.

This will not be recognized by the state and so the original will is the valid will and will see Ricardo recover the property.