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

Bar Review Course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、自己採点しています。

問題文

July 2012 Question 5
https://nwculaw.edu/pdf/bar/July%202012%20Essays%20and%20Sample%20Answers.pdf

In 2004, Mae, a widow, executed a valid will, intentionally leaving out her daughter, Dot, and giving 50 per cent of her estate to her son, Sam, and 50 per cent to Church.

In 2008, after a serious disagreement with Sam, Mae announced that she was revoking her will, and then tore it in half in the presence of both Sam and Dot.

In 2010, after repeated requests by Sam, Mae handwrote and signed a document declaring that she was thereby reviving her will. She attached all of the torn pages of the will to the document. At the time she signed the document, she was entirely dependent on Sam for food and shelter and companionship, and had not been allowed by Sam to see or speak to anyone for months. By this time, Church had gone out of existence.

In 2011, Mae died. Her sole survivors are Dot and Sam.
What rights, if any, do Dot and Sam have in Mae’s estate? Discuss.
Answer according to California law.

答案