Model Closed Memo

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Model Closed Memo Format for Office Memo HEADING
QUESTIONS PRESENTED
BRIEF ANSWER TO QUESTIONS PRESENTED
FACTS
APPLICABLE STATUTES
DISCUSSION
CONCLUSION Heading To: Thomas Eimermann From: [Students name] Date: [Date submitted] Re: Janice Westin Smith File # Will Contest Questions Presented Section Whether Janice Weston Smith can contest Mary Weston’s will in court. Whether the will which Mary Elizabeth Weston executed on February 14, 2001, can be invalidated because she lacked sufficient testamentary capacity to execute a valid will that day. Whether the will which Mary Elizabeth Weston executed on February 14, 2001, can be invalidated because John Weston and Rev. Billy Ray Chambers had exerted undue influence upon her. The "Brief Answer" Section ISSUE #1 Probably Yes. Based on 755 Ill. Comp. Stat. § 5/1-2.11, Janice has has standing to contest this new will because she is a legal heir and was included in the previous will. According to 755 Ill. Comp. Stat. § 5/8-1, she has six months form the date upon which she received proper notice of the probating of the new will to contest it in court. ISSUE #2 This could go either way. The testator is required to understand the nature of his/her estate and her comments about paying the lawyer suggest that she did not On the other hand, there doesn’t appear to be any evidence documenting that Mary had impaired mental faculties or was under the influence of drugs that would interfere with her mental abilities. ISSUE #3 Probably yes. John Weston and Rev. Billy Ray Chambers appear to have had a fiduciary relationship with Mary and each appears to receive substantial benefit from the new will. The Fact Statement Section Should include everything from the original memo giving out the assignment. Especially important to include information about Mary’s relationships with Janet, John and Rev. Billy, and the information about her

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