CA Bar Exam 練習答案: Wills and Trusts (Feb 2012)

Bar Review Course作成のEssay答案は完璧すぎ＆長すぎて参考にならないという方向けに、過去に書きためた答案を公開していきます。公開するのは、私が実際に1時間計って解いた答案を、ギリギリ合格ラインまたは合格ライン少し上になるように手直ししたものです。手直しにあたっては某Bar Review Courseの採点表を参照しています （あくまで自己採点です）。

今回はFeb 2012のQ1, Wills and Trustsです。
https://nwculaw.edu/pdf/bar/February%202012%20Essays%20and%20Sample%20Answers.pdf

Sam, a widower, set up a valid, revocable inter vivos trust, naming himself as trustee, and providing that upon his death or incapacity his cousin, Tara, should be successor trustee. He did not name any additional trustee. He directed the trustee to distribute the income from the trust annually, in equal shares, to each of his three children, Ann, Beth, and Carol. He specified that, at the death of the last of the three named children, the trust was to terminate, and the remaining assets were to be distributed to his then living descendants, by representation.

When he established the trust, he also executed a valid will pouring over all his additional assets into the trust.

Two years later, Sam died. He was survived by Ann, Beth, and Carol. Within two months, Dave, age 25, began litigation to prove that he was also a child of Sam’s, although Sam had never known of his existence.

For three years after Sam’s death, Tara administered the trust as trustee. Because Ann had very serious medical problems and could not work, and because Beth and Carol had sufficient assets of their own, Tara distributed nearly all of the trust income to Ann and little to Beth and Carol.

After the court determined that Dave was in fact Sam’s child, Dave claimed a share of the trust. Beth and Carol have filed suit against Tara, claiming breach of fiduciary duties. Tara has submitted her resignation, and Beth and Carol have sought termination of the trust so that all assets may now be distributed outright to the beneficiaries now living.

1) What interests, if any, does Dave have in the trust assets? Discuss. Answer according to California law.
2) Are Beth and Carol likely to be successful in terminating the trust? Discuss.
3) Are Beth and Carol likely to be successful in suing Tara? Discuss.

答案