One of the four requirements a will must meet to be considered valid
is the state of mind of the individual writing the will. Kathy must be
able to prove that Ralph was not in his right mind allowing him to be
influenced. What was his state of mind before the will was written?
In some cases, he was said to be struggling mentally as well as
physically, and other times he was said to be of a sound mind. Undue
influence is a transaction that has been forced upon weak and/or
vulnerable people. There is no proof in this case that Darrell and Cara
forced him into anything, but instead were just following his wishes
as family should.
How far should courts go to protect the elderly is a hard question?
We could say anytime a will is written a court appointed
representative should be involved, maybe even a psychiatrist, but
what if you don't catch it in time and mental illness has already set
in? Do you force the family to fight it out in court for however long it
takes, that doesn't seem like a good solution either, you tie the court
systems up for however long?
