Question

Charlie writes a will leaving all of his belongings to his wife. After Charlie's wife dies, his daughter, Marie, invites Charlie to come live with her. Charlie has his lawyer draw up a new will leaving everything to Marie, except for $1 which he left to his son Stephen "who never visits me." Shortly after, Marie goes with Charlie to his lawyer's office, where Marie and Charlie's lawyer witness Charlie sign the will. Charlie's daughter never read the new will and is shocked when she learns of her inheritance after her father's death. Stephen, however, is outraged. What is Stephen's best argument against the new will?

Answer 1

Stephen could challenge the will by arguing undue influence or questioning Charlie's testamentary capacity when the will was executed.

Step-by-step explanation:

Stephen's best argument against the new will would likely focus on potential issues of undue influence or lack of testamentary capacity. If Stephen believes that Marie influenced Charlie's decision to leave everything to her, he can argue that Charlie was coerced or that Marie took advantage of his trust, thereby invalidating the will. Alternatively, Stephen can question his father's mental state at the time the will was created, suggesting that Charlie may not have been fully aware of the will's contents or the consequences of leaving virtually all his possessions to Marie. Evidence that can support Stephen's position includes Charlie's physical and mental condition and the circumstances under which the will was executed, such as whether Charlie had independent advice or whether Marie was involved in arranging for the creation or signing of the will.

Answer 2

Stephen's best defence is that Charlie is mentally unstable.

Step-by-step explanation:

Stephen's best defense is that his father made the new will after suffering great grief from his wife's death and was mentally unstable as of the time he wrote the new will.

He can argue that his father had a previous will where he left everything to his wife and after her death, coupled with the grief, he went to live with his daughter Marie. Living with Marie made Charlie believe he was with his wife because he had someone taking care of him like his dead wife so in his mental instability, he wrote a new will and left everything to Marie, his daughter who was taking care of him.

Stephen can also argue that he loves his father and his claims that he doesn't visit him is false because after his wife's death, he became schizophrenic and couldn't recall events accurately. He can make moves to have his new will rendered obsolete because Charlie was not mentally stable as of the time of making the new will