An 85-year-old woman named Harriet, passes away. Her will, executed 1 year prior to her death,...

An 85-year-old woman named Harriet, passes away. Her will, executed 1 year prior to her death, directs that her entire estate should pass to the home-health care worker who assisted her the last two years of her life. Harriet's two sons were very disappointed that they were excluded from the will. Is this a case of undue influence, such that the sons could successfully contest the will and receive the estate's assets? Please provide detained explain detailed explanation.

Expert Solution

Answer:

Background:

An 85-year-old woman named Harriet, passes away.
Her will, executed 1 year prior to her death,
The will directs that her entire estate should pass to the home-health care worker who assisted her the last two years of her life.
Harriet's two sons were very disappointed that they were excluded from the will.

Case of Undue Influence: The case of undue influence is defined as the case where the relationship between the diseased and defendant do not have a relationship of confidence and trust. Upon non-confidence and lack of trust relationship, the “Will” can be in a category of undue influence.

This case does not look to be the case of undue influence because of following reasons

The Will was made one year before the death of woman Harriet. Thus the relationship which was there for a one year is a good relationship and looks that it has high confidence and the level of trust is also very high.
The duration for the relationship period stated is very high in the “Will”. It is mentioned 2 years, which is very high and it show high confidence and high trust between diseased and healthcare person.
The “Will” was made one year before the death, thus it states that the confidence between the woman and healthcare person was high and of high trust and does not fall under undue influence category.

So based on above points, the case does not look to be undue influence case and the sons could not be successfully contest the will and receive the estate's assets

keosha answered 1 year ago

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