Mental capacity at the time of the will signing was the key issue in
this case. a Although no one claims it to be 100%, the grey area here is
how diminished it must be for courts to dismiss a will. a 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. a I’d expect a judge to consider if there were any
witnesses present at the will signing beyond the beneficiaries. a 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. a 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. a
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. a I was very thankful that my father had a living
will when he died at 54 of an aneurysm. a Making those decisions on
my own would have weighed heavily on my conscious.
