Marge and Homer were husband and wife. In 2010, after some serious health issues, Homer had his solicitor draw up a will:
AFTER MY DEATH
I, HOMER SIMPSON, DO BEQUEATH ALL THAT BELONGS TO ME,
MONEYS, PROPERTY, & PERSONAL BELONGINGS, TO MARGE SIMPSON. IF THE DEATH OF MARGE SIMPSON OCCURS PRIOR TO MY OWN, THEN AFTER MY OWN DEATH I BEQUEATH EVERYTHING TO OUR CHILDREN BART, LISA AND MAGGIE, IN EQUAL SHARES.
Homer encouraged Marge to have her own will, and finally in 2013, Marge made a will in identical terms, leaving all her property to Homer, but if he predeceased her, to Bart, Lisa and Maggie in equal shares. Both wills were duly witnessed and attested. Sadly, Marge died in 2015, and on administration of her estate, Homer inherited all her property.
Heartbroken and despondent, Homer took to drinking Duff beer and he died on 1 October 2020. Amongst his papers, was the 2010 will, and another will, dated January 2019. This will was also duly witnessed and attested, and included the following provisions:
I revoke all previous wills.
I appoint Patty Bouvier as my executrix and trustee (hereinafter referred to as ‘my Executrix’).
I leave my house at 742 Evergreen Terrace, Springfield to Ned Flanders absolutely, trusting he will allow my sister-in-law Selma to live there until she dies.
I give the rest and residue of my estate to Moe Szyslak.
Following Homer’s death, Patty did the following:
She gained information that while 30 people attended the church in person for Homer’s funeral, another 300 watched via a live stream.
(iv) She advised Ned of the terms of Clause 6 of Homer’s will, to which Ned replied that he would never want to live in the same house as Selma.
Patty now seeks your advice as to the following:
AFTER MY DEATH
I, HOMER SIMPSON, DO BEQUEATH ALL THAT BELONGS TO ME,
MONEYS, PROPERTY, & PERSONAL BELONGINGS, TO MARGE SIMPSON. IF THE DEATH OF MARGE SIMPSON OCCURS PRIOR TO MY OWN, THEN AFTER MY OWN DEATH I BEQUEATH EVERYTHING TO OUR CHILDREN BART, LISA AND MAGGIE, IN EQUAL SHARES.
Homer encouraged Marge to have her own will, and finally in 2013, Marge made a will in identical terms, leaving all her property to Homer, but if he predeceased her, to Bart, Lisa and Maggie in equal shares. Both wills were duly witnessed and attested. Sadly, Marge died in 2015, and on administration of her estate, Homer inherited all her property.
Heartbroken and despondent, Homer took to drinking Duff beer and he died on 1 October 2020. Amongst his papers, was the 2010 will, and another will, dated January 2019. This will was also duly witnessed and attested, and included the following provisions:
I revoke all previous wills.
I appoint Patty Bouvier as my executrix and trustee (hereinafter referred to as ‘my Executrix’).
- I give my bank account with the Australian National Bank Ltd to my Executrix on trust, to be distributed in equal shares, among such of my colleagues at Springfield Nuclear Power Plant that attended my funeral and were not related to me.
- $20,000 from my Centenary Bank account is to be distributed by my trustee, in her absolute discretion, to pay for the hospital and funeral expenses of those individuals in Springfield who have contracted or died from Covid -19.
- I give the remaining amount in my Centenary Bank account to my trustee to be used for the education of children of employees or former employees of the Smithfield Nuclear Power Plant.
I leave my house at 742 Evergreen Terrace, Springfield to Ned Flanders absolutely, trusting he will allow my sister-in-law Selma to live there until she dies.
I give the rest and residue of my estate to Moe Szyslak.
Following Homer’s death, Patty did the following:
She gained information that while 30 people attended the church in person for Homer’s funeral, another 300 watched via a live stream.
- She obtained confirmation from the Australian National Bank Ltd and the Centenary Bank Ltd that, at the date of Homer’s death, his accounts with the banks each had a balance of $5,000,000.
(iv) She advised Ned of the terms of Clause 6 of Homer’s will, to which Ned replied that he would never want to live in the same house as Selma.
Patty now seeks your advice as to the following:
- Whether Bart, Lisa and Maggie have any claim in equity over Homer’s property.
- The effect of clause 3 in Homer’s will.
- How should she distribute the $20,000 pursuant to Clause 4?
- The validity of clause 5 in Homer’s will.
- Selma’s rights, if any, pursuant to Clause 6 of Homer’s will.
