Wills 1

Q: Aunt Hallie just passed away from this vale of tears.  The will bequeaths to me all her stocks, bonds and securities.  Her house, in which she had resided for many years, and the furniture therein, go to some young ladies who had resided with my aunt prior to her demise.  The lasses were substituted as beneficiaries in the place of a former companion.

The companion had lost favor, and most probably without any omission, neglect of duty or fault on her part.  Borne down with suffering and the weight of a painful disease, my aunt may have magnified her companion’s faults, mistaken her character and misconstrued her kind acts and motives.

The young ladies had been close to the family for a long time, they had been kind to my aunt in her last illness, and I do not think that they made any particular effort to supplant the companion in the affections of my aunt.  She used to tell me that the girls were the life of the house.

A: The law is OK with the promptings of affection, the desire of gratifying the wishes of another, the ties of attachment arising from kinship and the memory of kind acts and friendly offices.  The law is not OK with the resistless power that the strong sometimes exercise over the weak and infirm, and that cannot be resisted, so that the will was caused by force or fear.  From what you tell me, there was no undue influence.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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