Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
On February 2, 2025, Maria Santos died testate. The will dated February 1, 2025 was signed by Maria in the presence of two witnesses, who also signed, and it contains a self-proved clause. The will bequeaths the bulk of the estate to Maria’s longtime caregiver and disinherits two siblings. A petition for probate is filed by the caregiver; one sibling objects, alleging: (a) at signing, Maria was heavily sedated following a medical procedure and could not understand the act; (b) a paragraph on page 3 was inserted after signing; (c) the witnesses did not actually witness Maria sign. The caregiver counters that the will was properly executed and that the alleged insertion is part of the will with valid attestation. (a) Identify the controlling doctrine governing the allowance or disallowance of the will under Rules 76-77. (b) Distinguish the grounds that would justify disallowance from those that would justify allowance. (c) Apply the facts to determine whether the court should admit or disallow the will and why.