Lord Kit Meowington has come to the terrible realization that one day he may die. Traumatized as he is by this eventuality, he has decided to listen to his lawyer, Mr. Pongo’s, advice and prepare a Will. Lord Meowington was born in England but moved to the Catskill Mountains in New York many years back. He has property in both New York and England.
He wants to make the following devises:
1) While he trusts that his wife, Lady Shally Meowington, will provide for their twin children, Court and Janey Meowington, he doesn’t want them to think he didn’t leave them anything. He leaves Court his vintage Rolls Royce, and he leaves Janey his Faberge egg. He also leaves them both $100,000 if they survive him. If either predeceases him, the surviving sibling will take the deceased sibling’s share. If neither survive him, the money will go to Lady Shally Meowington.
At the time he is making this Will, Court and Janey are only thirteen years old. Lord Kit Meowington hopes Court and Janey will be fifty when he dies and they take their shares, but just in case he dies sooner, the money must be held in trust for them until they are twenty-one years of age. As such, the Will must contain a testamentary trust provision.
2) Sir Puss n Boots is Lord Meowington’s best friend. Sir Puss has a royal lineage but absolutely no money. Lord Meowington has provided for him all his life. To make sure Sir Puss is always cared for, Lord Meowington leaves him his Charles Bank mutual fund, currently valued at $300,000. Lord Meowington hopes Sir Puss will rely mainly on the interest to live and will not deplete the principal. Lord Meowington also leaves his Derbyshore cottage in England, and all its furnishings, to Sir Puss so he always has a place to hang his boots. If Sir Puss does not survive him, he leaves the mutual fund and cottage to Sir Puss’s daughter, Nahoa Boots.
3) Lord Kit Meowington is estranged from his brother, Lord James Meowington, but he would like to leave him his portion of the stamp collection the two of them collected together when they were children, as well as the portrait of their dearly departed mother, Nani Meowington.
4) One of the privileges of Lord Meowington’s life is that he had a lot of time and money for charitable works. Growing up in England, he always loved to watch the feral and barn cats playing on the rolling fields of his parents’ manor. When he moved to New York, he saw how many outside cats were uncared for in his county. He started a rescue organization called Memory’s Lost Cats. To ensure the rescue can continue operating after he is gone, he leaves them his fifteen-acre barn property west of the Hudson river and $500,000.
5) Lord Meowington also has two beloved housecats – Sirs Ashlar and Tiki Man. He suspects his wife doesn’t really like them as she thinks he prefers them to her. He wants to make sure they are properly cared for all his life.
6) He leaves his New York country home and the rest of his money and property to his wife Shally Meowington, if she survives him, and provided she properly cares for Ashlar and Tiki Man in the New York country home for the remainder of their lives. Proper care means indoor living, daily wet food and fresh water, plus at least two vet visits a year with all medical treatment provided. If she does not provide proper care for Ashlar and Tiki Man or does not survive him, he leaves everything in equal shares to Court and Janey outright if they are over twenty-one, but in trust if they are younger.
Mr. Pongo, Esq. has also recommended that Sir Meowington create a Living Will in case he is seriously injured and a Durable Power of Attorney in case he becomes mentally incompetent. Lord Meowington does not want to linger so says “pull the plug if need be, man, pull the plug.” But Mr. Pongo counsels he should give more precise instructions as to under what circumstances, so Lord Meowington agrees that if a NY and London doctor both agree in writing he has no chance of any meaningful life and will be mentally and/or physically unable to live without artificial machines, then life-sustaining care should be discontinued. He appoints his wife his agent under his Durable Power of Attorney regarding his legal, health and personal finances. However, he once again specifies that his wife has no power to dispose of Ashlar and Tiki Man.
1) Please prepare a Will document ensuring Kit Meowinton’s assets pass according to his wishes. While he wants to set up a testamentary trust, you need not draft such a document. Strictly establish it through the will. Include any other provisions you think are necessary.
2) Also prepare a Living Will/Durable Power of Attorney complying with Kit Meowington’s medical and death wishes. If any information is not provided above, please assume reasonable information consistent with the above fact pattern.
It must be typed in 12 point font and formatted properly. Don’t forget that a proper Will does not contain only the dispositive provisions. Make sure all relevant provisions are included. Anyone who lifts provisions word for word from a standard or sample Will form will NOT receive a good grade. Such forms should operate merely as guidelines. Use independent thought and original language.
The two documents must commence on separate sheets of paper. The total project should not exceaqwed 5 pages. Good luck!
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