Question
1. Explain how the facts could be helpful or not to challenge testamentary capacity. 2. Explain how the facts could be helpful or not to
1. Explain how the facts could be helpful or not to challenge testamentary capacity. 2. Explain how the facts could be helpful or not to challenge the will under undue influence? Rose is recently deceased. Her daughter wants to challenge the will that she executed several months before her death. Rose left all but $2,500 of her $500,000 estate to Roger, a man she met about one year before she passed. A few months after they met, Roger suggested that Rose give him power of attorney, and Rose did. A few months after that, she executed that will. Roger's second cousin drafted the will and recorded the execution ceremony as evidence. Rose didn't entirely lack competence but appeared to have a "weakened intellect." On the audio, Rose explained that she had two daughters, but they hadn't helped her in years. Roger explained that he had told her that her daughters would get her estate if she didn't have a will, so she decided to leave the bulk of it to Roger. She specifically stated that she wanted just a small portion of her $500,000 estate left to her church. Several times in the conversation, Rose would pause and ask Roger if she was correct.
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