Question

Vince has begun forgetting things and is becoming very difficult to get along with. He is 85, has been ill, and is very fond of his housekeeper Annie. He gives a deed to Annie for all of his real property. At Vince's death, his children, who got only his photograph albums according to the will, ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children. What will be the probable result in this case?

Answer 1

Answer

The land cannot be put back in the estate, as a result, Annie can keep the property, provided Vince was in good mental conditions when he gave the deed to Annie and included that title to his property had to be transferred to Annie in his will.

Explanation:

There is a will so Vince did not die intestate. There are two types of successions: testate (where there is a will and testament) and intestate (there is no will so forced heirs inherit the decedent's property). What Vince children will have to evidence here if Vince knew what he was doing when he wrote his will and if the will is therefore valid or not. The question describes that Vince has been ill and has begun to forget things. That is why it is important in this case to ensure whether the will is valid. It is necessary to evidence whether Vince had testamentary capacity to write the will.

Another point to consider here is whether Annie used her condition of housekeeper and caretaker to influence Vince. If none of the foregoing is proved by Vince's children, the property belongs to Annie.