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Josiah is 98 years old and employed Fred, a certified caregiver, twelve hours pe

ID: 349364 • Letter: J

Question

Josiah is 98 years old and employed Fred, a certified caregiver, twelve hours per day for one year. Josiah talks to Fred every day and even emails Fred at night. Fred is paid on an hourly basis by an insurance policy Josiah purchased years ago. Josiah and Fred have become good friends. Josiah makes oral statements heard by others and has written emails to the effect that he wants Fred to have one of his two prized horses when Josiah dies. When Josiah dies, a valid will provides that all property should be split between Josiah’s two daughters. Does Fred have good claim to the horse? Why?

Explanation / Answer

No, Fred doesn’t have good claim to the horse, as Josiah has not mentioned this in his will or any legal documents which should be considered when he dies. And, making just oral statement or writing an email in that context can’t be considered as legal documents.