CA Bar Exam 練習答案: Wills and Trusts (Feb 2008)

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問題文

February 2008 Question 4
https://nwculaw.edu/pdf/bar/February%202008%20Essays%20and%20Sample%20Answers.pdf

In 2001, Wilma, an elderly widow with full mental capacity, put $1,000,000 into a trust (Trust). The Trust instrument named Wilma’s church (Church) as the beneficiary. Although the Trust instrument did not name a trustee, its terms recited that the trustee has broad powers of administration for the benefit of the beneficiary.

In 2002, Wilma’s sister, Sis, began paying a great deal of attention to Wilma, preventing any other friends or relatives from visiting Wilma. In 2003, Wilma reluctantly executed a properly witnessed will leaving her entire estate to Sis. Following the execution of the will, Wilma and Sis began to develop a genuine fondness for each other, engaging in social events frequently and becoming close friends. In 2005 Wilma wrote a note to herself: “Am glad Sis will benefit from my estate.”

In 2007, Wilma named Sis as trustee of the Trust, which was when Sis found out for the first time about the $1,000,000 in the Trust. Without telling Wilma, Sis wrote across the Trust instrument, “This Trust is revoked,” signing her name as trustee.

Shortly thereafter, Wilma died, survived by her daughter, Dora, who had not
spoken to Wilma for twenty years, and by Sis.

Church claims that the Trust is valid and remains in effect. Sis and Dora each claim that each is entitled to Wilma’s entire estate.

1. What arguments should Church make in support of its claim, and what is the likely result? Discuss.
2. What arguments should Sis and Dora make in support of their respective
claims, and what is the likely result? Discuss.
Answer question number 2 according to California law.

答案