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Law of Wills, 2016A

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Scenario Two: Stephen dies intestate survived by Brittany and Katherine.<br />

Result: Under all three systems, the following distribution occurs: Brittany (1/3), Katherine (1/3),<br />

Patrick (1/9), Brenda (1/9), and Deborah (1/9). Patrick, Brenda and Deborah split Leonard’s 1/3.<br />

Scenario Three: Stephen dies intestate. All three <strong>of</strong> Stephen’s children predeceased him.<br />

Result: Under the English and Modern per stirpes systems, the following distribution occurs:<br />

Patrick (1/9), Brenda (1/9), Deborah (1/9), Huey (1/3), Walter (1/6) and Clifford (1/6).<br />

Application <strong>of</strong> the UPC system results in each <strong>of</strong> the grandchildren receiving one-sixth share <strong>of</strong> the<br />

estate.<br />

Scenario Four: Stephen dies intestate. Leonard and Brittany predecease Stephen. Stephen is<br />

survived by Katherine and his grandchildren.<br />

Result: Under the English and Modern per stirpes systems, the following distribution occurs:<br />

Katherine (1/3), Huey (1/3), Patrick (1/9), Brenda (1/9) and Deborah (1/9). Huey, a grandchild,<br />

receives the same portion <strong>of</strong> the estate as Katherine, a child. He receives a larger portion than the<br />

other grandchildren. Under the UPC, the following distribution occurs: Kathrine takes 1/3 and the<br />

other two 1/3 shares are combined into a single 2/3 share and distributed as if Katherine, Walter<br />

and Clifford had predeceased Stephen. As a result, Patrick, Brenda, Deborah and Huey each receive<br />

1/6 <strong>of</strong> the estate.<br />

Problems<br />

Please divide the property using the English per stirpes, Modern per stirpes and UPC approaches.<br />

1. Hank, a widower, had three children, Keith, Patti, and Rosa. Keith had one child, Edward. Patti<br />

had two children, Rochelle and Pamela. Rosa had three children, David, Carlton and Vince. Hank<br />

died intestate. Hank was survived by Keith, Patti, Rosa, Edward, Rochelle, Pamela, David, Carlton<br />

and Vince.<br />

2. Theresa, a widow, had five children, Donald, Sharon, Cara, Anthony, and Pearl. Donald had one<br />

child, Aaron. Sharon had three children, Rene, Tina and Victor. Anthony and Cara did not have any<br />

children. Pearl had two children, Francine and Howie. All <strong>of</strong> Theresa’s children predeceased her.<br />

She died intestate survived by her six grandchildren.<br />

3. Raven, a widow, had three children, Darrell, Andrew, and Madison. Darrell had four children,<br />

Gino, Edwardo, Lucy, and Tonya. Andrew did not have any children. Madison had two children,<br />

Nancy and Ruth. Madison also had two grandchildren, Barry and Martin by her daughter Nancy and<br />

her husband Bryan. Raven died intestate survived by Darrell, Gino, Edwardo, Lucy, Tonya, Ruth,<br />

Barry and Martin. Andrew and Madison predeceased Raven. Nancy predeceased Raven, leaving a<br />

will devising all <strong>of</strong> her property to Bryan.<br />

4. Devon, a widower, had two children, Alice and Clint, both <strong>of</strong> whom predeceased him. Alice had<br />

one child, Charles. Clint had three children, Edwin, Kenny, and Eric. Edwin had one child, Gus.<br />

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