Use TREAC to analyse whether Jay Pinto was subject to undue influence.

T is Topic Sentence- state the legal conclusion of whether Jay Pinto was subject to undue employment.

R is Rule statement- state a rule from each case in the TREAC. Move from general to specific.

E is Explanation of each case in the TREAC. State the legally relevant facts, procedural posture, reasoning, and holding.

A is Application- restate the conclusion, make factual analogies and distinctions, applied the courts' reasoning.

C is conclusion- state the conclusion on the legal issue.

Jay Pinto's case fact:

The client is Maria Pinto, an environmental sciences student who took time off from college at

the University of North Dakota to care for her ailing Aunt and Uncle on their farm in Minot,

North Dakota. After her Aunt died, her Uncle Jay's health began to fail, and he showed signs of

dementia. She assisted him with financial matters and in making a will. Jay's two adult children,

Logan and Tina, live in Florida, showed little interest in the farm, and did not come to visit him

due to the pandemic. Jay died, and when Logan and Tina looked at his will, they learned that it

left the entire farm to a land conservancy, rather than equally to them as they had anticipated.

They are furious and have threatened to challenge the will in court, and Maria is very concerned

that they will argue she exerted undue influence over Jay's will. The firm would like you to start

evaluating this issue.

Rule of undue influence:

To establish undue influence, the person challenging the will must prove 1) a testator subject to undue influence; 2) the existence of the opportunity to exercise undue influence; 3) a disposition to exercise undue influence; and 4) a result that appears to be the effect of undue influence.

All of the four elements must be qualified to prove the existence of undue influence.