Child Beneficiary Receives Inheritance Despite Contest
In this case, Justin M. Kincheloe of The Estate Lawyers represented a child whose father died, intending to leave his estate solely to the child. Shortly after the father’s death, his estranged spouse contested the will, saying the decedent did not have the testamentary capacity to execute his will and that he did so as the result of undue influence.
“The case went to trial and ended in a verdict for the child,” said Kincheloe, “meaning he was able to receive the much-needed inheritance that his father intended him to have.”
The court found that based on the evidence “the decedent did not suffer an impaired mental function” and that “any physical ailments or impairment that decedent may have been dealing with … had nothing to do with his decision to execute the will in question.” He had the testamentary capacity and was not mentally incompetent to execute his will, the court determined.
The court also rejected allegations of undue influence. “[B]ased on the applicable legal principles, and after considering the totality of all the testimonial and documentary evidence, including the demeanor and body language of all the witnesses on the stand, and after considering the reasonable arguments [from the parties’ attorneys], there was no undue influence in the execution of the will” and that it “was not the product of fraud,” the court found.
“We were successful in ensuring that the father’s wishes would be carried out to the benefit of his only son,” Kincheloe said.
Takeaway
This case stresses the value of interviewing trust and estate clients periodically to ensure they have a clear understanding of the ramifications of their decisions. This also helps attorneys develop a record of an individual’s cognitive capabilities over time.
Additional Reading
Professionals are always urged to take proactive measures to protect the assets, wishes, and rights of their clients. As the case above demonstrates, developing a record of an individual’s cognitive capabilities is a best practice. To assist estate attorneys and planners in this mission, The Estate Lawyers has prepared a paper titled Undue Influence: Protecting Clients and Their Estates by Amy Gostanian, Managing Partner.
Complete this form and download the paper now!