Reference no: EM133331040

The case of Pace v. Steele, Judge Virden found the defendants to be in the right. Judge Virden found that Ralph was of sound mind during the signing of his will, and witnesses supported the facts that Ralph understood what he was signing and what the documents consisted of. The plaintiff failed to provide substantial evidence of undue influence on Ralph by Darrell and Cora Steele. As with all families, there are some that are favored over others for whatever reasons the Testator may have. In this case Ralph had made disparaging comments about other family members, in front of witnesses. He was vocal in how he felt and he showed to have good relationship with Darrell and Cora.

Judge Virden looked at the evidence provided by both sides and could not find substantial evidence to support the plaintiff's claims.

There should be more that can be done in protecting Testators from fraud and undue influence, and ensuring their mental capacity is intact before any signing of any legal documents that concern to wills, trusts, transference of property or monies. In today's society with everyone having the ability to record and video at any given moment, I believe that if a Testator is signing legal documents outside of his attorney's office, the action should be videoed and questions should be asked prior to signing. We have court reporters to record everything that happens in trials, it should be mandatory that a reporting agent should be present and if the Testator does not meet satisfaction of mental capacity or acknowledges threats or coercion, then the reporting agent has a duty to stop the process.

Question.

What were the critical factors identified by the court with respect to undue influence and fraud in this case?