Mental capacity at the time of the will signing was the key issue in
this case. Although no one claims it to be 100%, the grey area here
is how diminished it must be for courts to dismiss a will. By the time
someone is in the hospital (and receives a wakeup call that death is a
possibility they should plan for) they’re decision-making process is
likely affected to some degree, perhaps by severe pain or
medication. Even a fever can make your brain foggy.
The text states that witness credibility, suspicion circumstance, and
opportunity (for beneficiaries to suit their purpose) were taken into
consideration. I’d expect a judge to consider if there were any
witnesses present at the will signing beyond the beneficiaries. I first
suspected Ralph was being taken advantage of, and he may have
been, however Darrel and Cora’s involvement in Ralph and Wanda’s
life prior to his illness (prior to seeing an opportunity) would also be a
consideration. Even then, people can have a good relationship for
years, and change their mind and will just before death, and do so
with perfect clarity of mind. For example, a parent could simply
decide they had given their child plenty in life and want to give
instead to someone who is in greater need.
I believe courts have a responsibility to weigh these types of facts
and protect the elderly by analyzing the mental capacity at signing.
However, I now have a respect and understanding for how
impossible it can be to get it right, with so many unknowns. Afterall,
it’s too late for a judge to refer to the person that signed the will to
figure out their state of mind and intention. Heed the warnings in
our readings about planning ahead. I was very thankful that my
father had a living will when he died at 54 of an aneurysm. Making
those decisions on my own would have weighed heavily on my
conscious.
