In: Accounting
Samuel Finley has two children, a daughter Lee and a son Keaton.
Samuel has a lovely beach house in Palm Beach. Sam is terminally
ill and has been told by his doctors that he has less than a year
to live.
Lee knows that Keaton is their father’s favourite child and that he
had been named in the latter’s will to inherit the beach house. Lee
knew that since their father did not have long to live and that he
was 90 years old and starting to become mentally-weak, she could
pressure him to transfer the Palm Beach beach house over to her
even though Samuel may not totally understand what he was signing
over. So, for four months, using pressure and threats, but more
often with gentle but devious tactics, Lee succeeds in convincing
Samuel to sign a transfer of property transferring the Palm Beach
beach house over to her.
As his last act, before he dies, Samuel wants to set aside the
transfer of the beach house to Lee. Advise him of his legal
position. (Maximum 400 words)
Legal problem-solving questions must be answered using the IRAC (Issue, Rule, Application and Conclusion) method
Will of property refers to the legal transfer of properties in writing. There are some legal issues which will make will legimated in eyes of legislation.since mr samuel is ill and has less life to live and became mentally ill, in thiscase will sighned by mr. samuel for transfer of palm beach house has becamr crucial aspect in eyes of law before taking any decision. lee,his daughter is continously pressuring him to transfer palm beach house in her name so decision taken be mr. samuel is not valid in eyes of law as decision was under pressure ans also he was not metally healthy so samuel may make changes in his will of transfer od property.
As property law describes the transfer of properties between spouses and through generations , same as proprty law, law also represents the politics of societies whih include all legal rights toindividuals except personal rights which contitutes his personal condition.
So by presenting hospital reports and certificates which conclude that mr. samuel is not mentally perfect, can change their desicion of Will of transferring property.