Case Vignettes, Survey Version A
| Case 1: John Doe died of cancer at 58 years of age, leaving his estate to Jane Roe, whom he refers to in his will as “my wife.” The couple had exchanged vows in another country and were cohabiting at the time of Mr. Doe's death, as they had for most of their relationship. When their relationship began, Mr. Doe had been widowed for four years, and Ms. Roe was married and still living with her seventh husband. She moved in with Mr. Doe shortly after meeting him and later obtained a divorce from her husband. Mr. Doe's two adult sons have contested the will, alleging undue influence on the part of Ms. Roe. The sons believe that Mr. Doe was afraid of Ms. Roe and claim the couple were both alcoholics and argued frequently. Mr. Doe's physician opines that Mr. Doe's cancer and other physical health problems could have had an effect on his judgment and personality. Mr. Doe's will was executed approximately a year before his death. | Case 2: Jane Doe, a 78-year-old disabled nursing home resident, left the bulk of her estate to Mr. H., a 35-year-old male social worker who worked with and visited her regularly as she neared death. Ms. Doe's only living relatives, a brother and niece, contested the will, alleging undue influence on the part of Mr. H. Ms. Doe had never married. Ms. Doe and Mr. H. first met when Ms. Doe was admitted to the nursing home with terminal lung cancer. In accordance with his social work duties, Mr. H. took control of Ms. Doe's finances, as she was physically unable to manage them on her own. During her acquaintance with Mr. H., Ms. Doe executed her first and only will, leaving most of her estate to Mr. H. and a modest life estate to her brother. Ms. Doe had said that she loved Mr. H. and informed her attorney that Mr. H. was her best friend. Ms. Doe executed her will approximately nine months before her death. |
The cases in Survey Version B are identical except that the genders of testators and beneficiaries are reversed (see Table 2).