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Law of Wills, 2016A

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Class Discussion Tool<br />

(Answer this hypothetic relying on the information contain in Chapters Nine and Ten)<br />

Anna was diagnosed with breast cancer. Her doctor treated the cancer with radiation and<br />

chemotherapy. In order to combat the side effects <strong>of</strong> the treatment, Anna got a prescription for<br />

medical marijuana. Anna smoked three joints a day to alleviate her pain and nausea. Anna moved in<br />

with her only child, Jean, so she could take care <strong>of</strong> her. Jean believed in natural healing, so she put<br />

Anna on a regiment <strong>of</strong> organic food, herbal supplements and yoga. Maggie, Anna’s best friend, told<br />

Anna that Dr. Oz said that some herbal supplements increased the growth <strong>of</strong> cancer cells. In fact,<br />

Dr. Oz stated that some herbal supplements might decrease the growth <strong>of</strong> cancer cells. On the day<br />

she watched the show, Maggie was having trouble with her hearing aide. Anna refused to take the<br />

herbal supplements. Jean got tired <strong>of</strong> fighting with Anna over the supplements, so she started<br />

slipping them into Anna’s food.<br />

One day, Anna saw Jean open up a capsule and sprinkle it over her pasta. After that, Anna became<br />

convinced that Jean was poisoning her. Anna shared her concerns with Maggie. Maggie told her<br />

pastor, Donald, that Anna was in danger. Maggie took Anna to the church to meet with Donald.<br />

After the meeting, Anna was so grateful that she gave the church a $500 donation.<br />

When he discovered that she had money, Donald convinced Anna to move into an apartment<br />

complex owned by his church. Donald and the other members <strong>of</strong> the church prevented Jean from<br />

visiting Anna. Eventually, Donald took Anna to the church’s attorney and had her execute a will<br />

leaving all <strong>of</strong> her money in trust for the benefit <strong>of</strong> the church.<br />

A few months later, Anna read in a magazine that Dr. Oz stated that some herbal supplements<br />

might decrease the growth <strong>of</strong> cancer cells. Consequently, Anna told Donald that she was wrong<br />

about Jean. Anna told him that she planned to return home to Jean and to modify her will to leave<br />

her entire estate to Jean. In response, David placed guards, so that Anna could not leave the<br />

apartment.<br />

One night, Maggie helped Anna escape from the apartment and reunite with Jean. Anna died a few<br />

days later before she could amend her will.<br />

Jean plans to challenge the validity <strong>of</strong> the will. What are her strongest arguments and the<br />

church’s possible responses?<br />

471

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