When I think of critical factors in any case, I must turn to those that are fact based and non-biased.
This case is a little obscure in that there is contradictory evidence in what I would consider factual
critical factors. a These contradictions surround the discrepancies in reporting of Ralph’s “mental
capacity and condition”. On one hand it is documented he is of sound mind (so to speak) yet on
the same day, was observed to be “waxing and waning capacity an is able to make decision some
of the time” (Kubasek et al., 2019).
One could argue that because of Ralph’s deteriorating health that Darrell and Cora did exert undue
influence over Ralph however, for me, this is hard to determine as I simply do not know their pre-
existing relationship. Can the use of undue influence be argued here? a Yes, BUT, there is no
concrete evidence showing that Ralph signed documents without sound mind, reason, or
judgement. a
Personally, I strongly believe based on case details provided, that Darrell and Cora may have
manipulated Ralph in this situation whether acted upon consciously or not to for their own benefit.
As far as the courts go, I believe it is in the best interest to ensure that wills are executed by those
of sound mind and judgement, but that can be a challenge especially in situations such as these. a a
The elderly fall amongst the most vulnerable population of society in many ways; fraud and
exercising undue influence is common and unfortunate. a It is challenging to enact laws to protect
the vulnerable in situations such as these since hard evidence can be challenging to obtain. a If given
the opportunity to stand on a jury about this – I would have sided that Cora and Darrell could be
held responsible for undue influence. a Then again, it is hard to judge without all the evidence and
facts.
On a personal note, after experiencing similar situations both personally and through the looking
glass of friends' experiences, I think it is very important regardless of how young you are to
establish a will. a As they say in life there are two things that tear families apart - marriage and
death. I say marry wisely and set them up so no fighting occurs upon your death.
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