Hi Professor B and Class –
An important factor that was identified by the court in the case of Pace v. Steele regarding
improper influence and fraud was that Cora and Darrell received Ralph’s will. The judge ruled
that the plaintiff failed to meet her burden of proof by a preponderance of evidence to support
her claim that fraud or undue influence had occurred during the execution of Ralph’s will.
“When the beneficiary receives a will, there is a disputed consideration of the negative influence,
which places the burden on the beneficiary and the evidence that would allow the plaintiff to
reasonably conclude that the will did not exist a product of insufficient mental strength”
(Kubasek, 2020). Ralph should’ve written his own will instead of Cora preparing his will to
make a will stating that his property would go to Darrell and Cora. The plaintiff, Kathy, filed the
lawsuit against Cora and Darrell claiming that Ralph was not in the right state of mind with he
signed his will. According to Kubasek, (2020) in writing, the executor must sign the will and
there must be a witness in order to prove the information, the size and status of his property, so
that he can understand who he is giving it to, and the relationship and those who are entitled to
receive his benefits.
I believe in this case the court acted appropriately in its judgment. Nonetheless, the court is only
able to protect the elderly from undue influence and fraud, pending if the plaintiffs and
defendants have followed all the proper steps to get all the documents signed. In the case
presented I feel like Ralph’s lawyer should have been more involved with the creation and
signing of his clients will. This is to ensure that fraud or undue influence has taken place. The
attorney could have been a witness as well as know if his client was in the right state of mental
capacity to sign his will.
-Jenn
Reference
Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. L. (2020). Chapter
52 Wills and Trusts. Dynamic Business Law. McGraw-Hill Education.
