Being that undue influence is from when a person takes advantage of
another that is of weak physical or emotional condition. The courts
provide that it seemed as if there was an influence in signing the will
being that Ralph was "on his death bed." They point out that he had a
"waxing and waning" mental state but was cleared that he was of
stable mind with no contradiction. This happened to have been the
same day that the will was signed by ralph. However, the end of the
case states that there is not enough evidence to prove that there is
any favouring of a party or that there is any incapability's mentally
from ralph.
Courts should go within full extent of protecting the elderly whether
they be of sound mind or not. More if not. In this case it seemed as if
Ralph was being taken advantage of even though it states that he
was checked by a doctor and was cleared because of being on
medication. Ralph, Just like many others, should have made his will
long before and made sure that the people he specifically name get a
piece of something.
