Law Project.docx - MEMORANDUM TO John Jones FROM Kara...

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MEMORANDUM November 19, 2019 TO: John Jones FROM: Kara Songer SUBJECT: Martha Jones’s Will FACTS: Martha Jones passed away after executing her will. Her two sons were named executors, and she left all her property to them. The will was properly signed and attested by witnesses. Her safe- deposit box at the bank was opened after her death, and they found the original of this will, along with two other documents that were dated after the will. The first was a handwritten document without a signature that left her home to her grandson, and the remainder to her two sons. The second was a document signed by Martha but was not attested by witnesses. ANALYSIS: There are three requirements for making a will: a. Testamentary capacity: Testator is of sound mind and body and generally knows what he/she is doing. b. Writing: Wills must be in writing to be considered valid c. Testator’s signature The first document found in the safe-deposit box was handwritten without Martha’s signature, and is therefore not valid based off these requirements.
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