After reviewing this case there where some critical factors identified
by the court regarding undue influence and fraud. Undue influence
may be used to mold the mind of the testator to suit his or her
purposes. The first critical factor was the state of mind Ralph was in
when he signed his will. His medical records states that he suffered
from dementia and on the day he signed his will his mental capacity
was "waxing and waning". Another critical factor was that Cora and
Darrell unduly influenced Ralph into leaving all his property to them.
They were both in a position of trust and Cora and Darrell were in
charge of helping Ralph recover from surgery at the time of his will.
Ralph was also under pain medication during the signing of the will
for extreme pain after the surgery. I do believe that courts should
protect elder from influence and fraud even with adequate mental
capacity. It may be hard to determine a persons mindset even when
they are not showing signs of full dementia and confusion. There are
many individuals that will try and take advantage of the elderly
because they are extremely vulnerable. It should be the courts
priority to protect members of our society that may need help when
dealing with undue influence and fraud.
References
Kubasek, N., Browne, M. N., Dhooge, L. J., Herron, D. J., Williamson,
C., & Barkacs, L. L. (2020). Dynamic business law (5th ed.).
