When Stella Finman Found Out That She Was Terminally Ill

question 32

Multiple Choice

When Stella Finman found out that she was terminally ill, she drafted a will leaving all her property to her son. During her period of illness, Stella was financially and emotionally supported by her lawyer as her son was mostly away. When the will was read upon her death, it said that her lawyer would get a 20 percent stake in Finman Corp., a company Stella owned. Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness and persuaded her to change the contractual terms. This is an instance of ________.

• A) undue influence
• B) battery
• C) duress
• D) fraud

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Definitions:

Oral Will

An Oral Will, also known as a nuncupative will, is a will that has been spoken aloud in front of witnesses, rather than written down, valid only in certain jurisdictions.

Settlor

A person who creates a trust.

Residuary Clause

A provision in a will that assigns the remainder of the deceased's estate after specific gifts have been disbursed.

Uniform Anatomical Gifts Act (UAGA)

Legislation that facilitates the donation of organs and tissues for transplantation purposes.