Case Study 3
The disadvantages of writing your own will
Eddie, age 70, decides to write his own will. He is a widower and had four children and eight
grandchildren. Two of his children, Rob and Pete, are unmarried and have no children. Kate, his
oldest child, is married and has two children and Mark, his youngest child, has six children.
Mark, who was married, is deceased. Eddie borrows some language from an old legal textbook,
and he leaves everything equally to his children who survive him and to the descendants of his
children who predecease him, per capita. He has a neighbor and his oldest child, Kate, witness
his will. They sign on lines directly below his name.
1. How old does Eddie have to be to sign a will?
___ A. 16
___ B. 18
___ C. 21
___ D. It doesn’t matter what age.
2. Eddie has disinherited his oldest child, Kate.
3. Eddie has disinherited Kate’s children.
4. At Eddie’s death, his distributable net estate (what is left after taxes, expenses, and creditors)
will be divided under his will:
___ A. In four equal shares, with Mark’s share going to his six children.
___ B. In three equal shares, with Mark’s share going to his six children.
___ C. In nine equal shares going to Kate, Rob, Pete, and Mark’s six children.
5. Assume that Eddie’s neighbor, who witnessed the will, dies before Eddie. As a result, it is
likely that Eddie’s will be declared invalid after Eddie passes on.
Case Study 3
Legally Secure Your Financial Future: Organize, Communicate, Prepare
6. Eddie’s will could be admitted to probate, in spite of his neighbor’s death, if:
___ A. Kate had not witnessed it.
___ B. It had been self-proved (witnesses signed a brief statement that was then notarized).
___ C. The other witness, Kate, could provide an affidavit that she had witnessed the will.
___ D. B and C.
7. If Eddie’s will is not declared valid during the probate process, his distributa