Use this fact situation to answer the related questions that follow it. John Jones is an 80-year-old man who lives in Ontario.Two years ago,John made a will in which he left one-third of his entire estate (all of his assets)to each of his three children,Mary,George,and Edward.Harry told the children what he was leaving them just after he made his will.Since that time,Edward has been unhappy about getting only one-third of his father's estate,and for the past two years he has been telling his father that Mary and George really hate their father and cannot wait until he dies.Lately John has become ill,and because Edward is the only son in Ontario,he has been taking care of his father.Each time that Edward sees his father,which is two to three times a week,he reminds him about Mary's and George's feelings towards him and tells John that he is the only child who really loves his father.John,seeing how much care Edward is giving him,begins to believe Edward and decides to make a new will in which he leaves his entire estate to Edward and nothing to Mary and George.
George's changing his will under these circumstances is a classic example of
A)duress by Edward.
B)fraud by Edward.
C)deceit by Edward.
D)undue influence by Edward.
E)misrepresentation by Edward.

Question

Quizplus · Accepted Answer

John's decision to change his will and leave his entire estate to Edward was influenced by Edward's constant reminders about Mary and George disliking their father, and the fact that Edward was taking care of him. This is a classic example of undue influence, where someone with a position of power or authority over the testator (John in this case) uses their influence to manipulate or coerce them into changing their will or estate plan.

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