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Validity of a Will

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Flint is a widower who has two married children, Janek and Abrial. Abrial has two children, Phil and Paula. Janek has no children. Flint dies, leaving a typewritten will that gives all his property equally to his children, Janek and Abrial. The will also provides that should a child predecease him, leaving grandchildren, the grandchildren are to take per stirpes. The will was witnessed by Abrial and Flint's lawyer and signed by Flint in their presence. Abrial has predeceased Flint. Janek claims the will is invalid. Is Janek correct? What result if the will is declared invalid? What result if it is declared valid?

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Solution Summary

This solution analyzes the legal case of Flint, a widower, and determines if the will is declared valid. All legal elements are discussed.

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In this scenario, Flint has two children, Janek and Abrial. Abrial has two children. Janek has no children. Flint died, leaving a will that was witnessed by his attorney and Abrial, which is one of the beneficiaries. The will gives Flint's property equally to Janek and Abrial, and their children, if a child predeceases Flint. Abrial, who has two children, has died before Flint. Janek claims the will is invalid.

Janek is claiming the will in invalid because it was witnessed by a beneficiary. As per ...

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