02/08 Decedents’ Estates Question

Six years ago, Testator retired from his work as a business executive. Testator continued to serve as a trustee of several nonprofit organizations and manage all of his own financial affairs. He maintained these activities until his death.

Five years ago, Testator hired a housekeeper, Harriet.

Four years ago, Harriet began to ask Testator to provide for her in his will. She also began to interfere with Testator’s relationship with his daughter, Doris. When Doris called, Harriet sometimes falsely told her that Testator was sleeping and could not talk on the phone. When Doris came to visit Testator, Harriet often stayed in the room to overhear their conversations. Harriet also made critical remarks about Doris to Testator and told him that Doris should visit him more regularly.

On a number of occasions, Harriet threatened to quit if Testator did not provide for her in his will. These threats made Testator fearful, particularly during the last year of his life when his declining health made him increasingly dependent on Harriet.

Six months ago, Harriet again threatened to quit if Testator did not provide for her in his will and told Testator that he should see her attorney. Testator told Harriet: "Stop bugging me. I’ll see my own attorney."

Three months ago, Testator executed a will in accordance with the applicable statute of wills. The will was drafted by Testator’s attorney pursuant to Testator’s handwritten instructions.

The will specified as follows:

"I leave my estate in equal shares to my housekeeper, Harriet, and my daughter, Doris."

This is the only will Testator ever executed.

Testator recently died at age 78. Testator left a substantial estate.

Both Harriet and Doris survived Testator. Testator was also survived by a son (Sam), a grandchild (Ella), who was the child of Doris, and a grandchild (Fred), who was the child of Testator’s son, Bob. Both Testator’s spouse and Bob predeceased Testator. Testator and Sam had been estranged for several years prior to the time of Testator’s death.

1. Is the will invalid in whole or in part? Explain.

2. Assuming the will is invalid in whole, to whom and in what shares should Testator’s estate be distributed? Explain.

3. Assuming the will is invalid in part, to whom and in what shares should Testator’s estate be distributed? Explain.