because the original will could not be found, it had been destroyed with the intent to revoke. What factors should the court consider in deciding whether to probate the will? Explain.

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because the original will could not be found, it had been destroyed with the intent to revoke. What factors should the court consider in deciding whether to probate the will? Explain.

Willie Mae Arant executed her Last Will and Testament in her home with two witnesses present. The original will could not be found after Arant’s death, so a copy of the will was filed and admitted in Probate Court. The will left the bulk of the estate to Melvin Bolton, Arant’s nephew, and Kent Sutcliffe, Arant’s grandson. The evidence tended to show that the last verifiable location of the will was in Arant’s attorney’s office. Moreover, Arant told the witnesses to the will that she intended to have the will left with her attorney. Arant’s only surviving daughter filed a suit challenging the probate of the will on the ground that because the original will could not be found, it had been destroyed with the intent to revoke. What factors should the court consider in deciding whether to probate the will? Explain.

Answer & Explanation (1)

Explanation

A will is a type of written document stating information about a particular property or asset that is going to be delivered to another person after the death of the will holder.
A will may be cancelled in the following ways:

The old will is purposefully destroyed by tearing. This case occurs when someone wants to intentionally to destroy the will and does not want the old to be implemented.
The old will is burnt with an intention to destroy it.

In this case, the old will is rejected by the court by considering the different factors.

Sample Response

The following are the factors that the court may consider:

The old will is destroyed by tearing.
The old will is destroyed by burning.

By the factors mentioned above, a court may conclude that the destroyed will should be cancelled because no one knows the reality.

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