The primary pieces of evidence with respect to undue influence and
fraud in this case is the fact that at the time of signing and
procurement of the will, Ralphs mental health was called into
question many times, specifically stating that he has been showing
dementia like symptoms, trouble with memory as well as issues
around decision making. These notes were made by the nurses
responsible for his care during his stints in the hospital at the end of
his life. This evidence, as well as the 10/10 pain recorded by the
nurse shows that the will was signed while Ralph was being given
painkillers. The cause of undue influence and fraud being argued by
plaintiff claims that Ralph was persuaded to sign his will giving Cora
and Darrell full rights to his estate while he was not mentally and
physically fit enough to do so.
The courts should be more careful with how wills are signed. In this
instance, there was no attorney or other witnesses present at the
time of signing the will making it difficult to refute or prove that the
will was signed with adequate mental capacity. The courts should
protect the elderly more by adding stricter laws that must prove both
parties understand and consent fully to will and that all present are
mentally fit enough to do so, otherwise the will is not valid.
