[Will Formalities] Mark decided he wanted a will. Mark contacted Anthony, a reputable attorney with an expertise in estate planning. In their initial meeting, Mark described the property he owned and how he wished it to be distributed upon his death. Mark also specified his funeral arrangements. Anthony drew up the will and provided Mark with a draft. Mark made some minor revisions, which Anthony incorporated. Mark and Anthony went over the will one last time, in the presence of Anthony's administrative assistants, Stacy and Jason. Mark was satisfied with the will and signed it. Two years later, Mark wanted to revise his will to add his new wife, Karen. The document named Karen as the primary beneficiary instead of Mark's brother, John. Mark handwrote these provisions on a thin cutting board and labeled it "codicil," signed it, and attached it to his will. Mark unexpectedly dies and Karen and John dispute who should receive the majority of Mark's assets.
-Which of the following statements is true regarding the will Anthony drafted?
A) It fails to meet the requirements of a valid will because Anthony did not ask for a doctor's evaluation to determine if Mark was of sound mind.
B) It fails to meet the requirement of attestation by witnesses.
C) It meets all of the requirements for a valid will.
D) It fails to meet the writing requirement.
E) It fails to meet the signature requirement.

Question

Quizplus · Accepted Answer

The will Anthony drafted meets all the requirements for a valid will. It was reviewed and signed by Mark in the presence of witnesses (Anthony's administrative assistants, Stacy and Jason), which satisfies the typical formalities for a valid will, including being in writing, signed by the testator, and witnessed. There is no requirement for a doctor's evaluation to determine sound mind in the process of drafting a will, as long as the testator understands the nature of the will and its effects, the extent of the property which he is disposing of, and the claims to which he ought to give effect. The question does not indicate any issues with the writing, signature, or witnessing requirements.

[Will Formalities] Mark Decided He Wanted a Will