In Chapter 52, read Case 52-2, Pace vs. Steele and discuss the following:
What were the critical factors identified by the court with respect to undue influence and frauc
in this case? How far should courts go to protect the elderly and infirm from undue influence and fraud, especially in cases such as this one, in which the testator possessed adequate mental capacity at the time of the making of the will?
This is a classic case that I'm sure happens often and exactly the reason that Wills should be drafted before the age of 94 and signed before an attorney along with witnesses. The critical factors identified by the court with respect to undue influence and fraud in this case include four factors:
Testamentary capacity (the testator must be able to retain in his mind, without prompting, the extent and condition of his property, whom he is giving it and relations of those entitled to his
bounty) (Kubasek et al., 2020). (Kubasek et al., 2020)
It must be in writing.
Whoever writes the Will, must sign the Will; and
There must be a witness to attest the Will
Ralph should have been the one to write his own Will without Cora. There was also the
question of mental capacity. Ralph was admitted to the Lawrence County Nursing Center with documentation that he was able to make his own decisions, but there was evidence that Ralph was having mental deterioration. However, it was still determined that he was of sound and mind when he signed his Will.
In my opinion, the elderly are not protected in these types of situations and should be. Ralph had mild difficulty with the decision-making process and could have been taken advantage of because he relied on Cora and Darrell. He was in a position of vulnerability. However, Kathy couldn't prove that her uncle wasn't of sound and mind at the time of signing and Cora provided
statements that he was in fact, aware of what he was signing. It's not to say that Ralph indeed wanted Cora and Darrell to have everything, but with a case like this, you always raise an eyebrow.
References:
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs, L. L. (2020). Dynamic Business Law (FIFTH ed.). McGraw-Hill Education.