The court was tasked with determining whether fraud and undue
influence pertained to the will for Ralph Steele. The critical factors
they identified were that on several nursing home papers there was
distinct clarification about the mental capacity for the patient not
being up to par. They even noted his decision making skills being
faulty. In addition to this there was no one there to notarize the will
when it was signed and we do not even know if the patient actually
signed it. Courts should go as far as necessary to protect the elderly.
At a minimum without the will being notarized it should be
considered null and void. I really don't agree that the testator
possessed adequate mental capacity at the time of the making of the
will. Although it was noted that at the time he did not have dementia
there was notes about his mental clarity and decision making.
References
Kubasek, N. K., Browne, M. N., Herron, D. J., Dhooge, L. J., &
Barkacs, L. L. (2021). In Dynamic Business Law: The essentials. essay,
McGraw-Hill Education.
