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Source Wills and Estates Wisconsin Bar Exam Topic Index Matched to this deck.

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The parties dispute the legal effect of a contested transaction. A testator signed a handwritten change after tearing part of an earlier will. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Elective Share and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Reject the claim or defense solely because the opposing party disputes a required fact.

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