In the case ‘Pace v Steele’, both the parties were requesting to get
appointed as the executor of Ralph Steele’s estate. Some of the
critical factors that were identified by the court with respect to
undue influence and fraud in the case include Darrell and Cora
procured the will of Ralph. They both took undue advantage of
Ralph’s vulnerable mental health and the fact that he was unable to
make decisions on his own . Since Ralph’s condition was poor, he
should have had a representative who would have helped him while
preparing his will. But Cora made a will on Ralph’s behalf, which
stated that specific property would be given to Darrell and Cora. But
the attorney was unable to justify whether Ralph’s signature on the
will was made by him willingly or it was generated using some other
methods. Based on witnesses, it was ascertained that in January
2013, Ralph had signed the will when he was admitted to
HealthSouth.
Elderly and infirm individuals should be protected by the court of law
from undue influence and fraud. There are a handful of instances
when family members or care takers may take advantage of elderly
individuals with royalty . They might focus on their self-interest and
have malicious intentions. Thus, it is imperative for courts to conduct
an in-depth investigation in such scenarios and take all the factors
into consideration. Ralph was in a fragile condition after his wife
passed away, and moreover, he was recovering from surgery and was
on medication.
As per legal requirements, it is necessary to ensure that proper
witnesses and representations are available during the formation of
will. However, in the specific case, the two witnesses who were
present during the will formation process were the ones whose
names were mentioned on the will. In case a person does not possess
the adequate mental capacity to work on a will, it is vital for a court
to make sure that fair and honest witnesses are involved . In case
dishonest witnesses are involved, they may try to influence the
decision of the person who is making the will for their selfish
reasons. In the specific scenario, even though Darrell and Cora were
close to Ralph, their actions during the will-making process seem to
be unethical and selfish. Such a situation could have been averted by
involving honest and fair witnesses while making the will.
References
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., &
Barkacs, L., (2020). Legal Issues Related to
Wills. McGraw-Hill Connect
