Horace Holmes died at the age of 85 leaving behind all his property to Joe Baines, his butler.The news of the new will that Horace executed three months before his death naming Joe as the sole beneficiary surprised everyone.By his prior will, he had bequeathed his estate to his two daughters and three grandchildren on a per capita basis.The court took up proceedings to determine the validity of his new will because Horace's rejection of his daughters and grandchildren in his will was uncharacteristic of him.The court most likely suspected this change to be a case of ________.

Question

Quizplus · Accepted Answer

The change in the will seems to be uncharacteristic of Horace, which raises suspicions of undue influence. This means that Joe may have influenced Horace to leave all his property to him, which is why the court is investigating the validity of the new will. A constructive trust arises when property is acquired or retained by fraud, duress, undue influence, mistake, or breach of fiduciary duty, but it is not clear from the scenario if this applies. Undue hardship and spendthrift trust are not applicable in this scenario.

Horace Holmes Died at the Age of 85 Leaving Behind