Describe what happened in the Case for Consideration: In re Estate of Marvin Nash, Deceased and discuss what you believe the case illustrates with respect to the purpose and need for a will

Question

What will be an ideal response?

Answer 1

Marvin Nash executed his will while still married to his ex-wife, Vicki Nash, in 1994 . Marvin's will included Shelley Tedder (Vicki's daughter) as a contingent beneficiary. Marvin did not execute a new will after he divorced Vicki Nash. The court's interpretation of Texas Probate Code §69 was that all provisions under the will with respect to the former spouse be read as if the former spouse failed to survive the testator and should be void and have no effect. The court's holding was that the contingent bequest to Shelley Tedder was not a provision to a former spouse and so did not fall under §69 but that Tedder did not take under the will and Nash's estate had to pass under intestacy. This illustrates that not only should a person execute a will directing who should inherit from the estate upon death; but also that people must revisit their will often to make sure that circumstances have not changed warranting revisions to the will. It could be that Marvin Nash did not update his will because he still wanted his ex-wife and stepdaughter to inherit; however the laws in most states assume that divorced people no longer want their ex-spouse to inherit and contain provisions similar to Texas Probate Code §69 striking provisions to former spouses.