In order for the will to be legally valid the testator must have the
mental capacity to write a will and be over the age of eighteen.
Secondly, the will must be in writing to be valid. Third, the will must
be signed by the person writing the will. Finally, the signing of the
will must be witnessed and the witnessing party must sign the will.
I believe there were “two” critical factors identified by the courts
with the respect of undue influence and fraud. The first critical and
obvious factor was the mental health and state of Ralph. There were
many instances and examples provided by health care providers that
identified Ralph as being confused or “waxing and waning.” Dr.
Vellozo had also diagnosed Ralph with dementia. However, there
were just as many instances where Ralph was identified as being in
his right mind and was not suffering from confusion. Witnesses
during the signing of the will, stated that Ralph appeared to be fine
and knowingly signed the will. The second major factor was the fact
that Cora (the beneficiary) basically wrote Ralph’s will, which raises
“red flags”, as being fraud. This case would not have been necessary
if Ralph had created the will before he became ill and if an attorney
would have been there to witness the signing of the will.
I do not believe the courts should be involved in the ultimate
decision making of the will if the testator has been identified as being
mentally fit to make their decision. I believe that the courts should be
involved as a checks and balance. Meaning, they should ensure all
four key items have been completed for a will to be legal. There are
always going to parties that are going to be unhappy with the
outcome of a will, especially for the parties that feel slighted by the
decision. If the testator is in the right mind, they should be free to
make decisions without court involvement. I agree the courts should
be involved if the testator is not in the right mental state to make
appropriate decisions. If the court gets involved in or changes a will
of a right mind testator, would that not make it pointless to have a
will, since the courts are going to divide the personal belongings of
the deceased? I believe we should honor the wishes of the deceased
and follow through with their final testament.
References
Kubasek, K., N., Browne, M, N. Dhooge, J., L., Herron, J., D., Barkacs,
L., L. (2017). Dynamic Business Law fourth edition. McGraw-Hill.
New York, New York.
