In a case that underscores the emotional and legal complexities of blended families and estate planning, the Idaho Supreme Court recently upheld the disinheritance of two stepchildren from the Woodfin Family Trust. The case, Gestner v. Divine, offers a compelling study in testamentary capacity, undue influence, and the evolving dynamics of family loyalty (Source: WealthCounsel.)
Donald and Marjorie Woodfin created a revocable trust in 1999, naming all four of their children—two from each spouse—as equal beneficiaries. But after Donald’s death in 2000, Marjorie gradually amended the trust, ultimately removing her stepchildren, Kathy and Ray, entirely by 2018.
Marjorie’s attorney, Robert Green, documented her mental capacity during the amendment process, noting: “Marjorie is presenting as very capable of making her own decisions with a high degree of understanding… She knows what she wants, and knows her options.”
Despite accusations of undue influence by Marjorie’s biological daughter Julie, the court found no evidence to invalidate the amendments. The ruling reinforces the importance of thorough documentation and independent legal counsel when altering estate plans, especially in later life.
Takeaway: This case highlights the need for estate planners to assess and document mental capacity rigorously and to anticipate potential challenges in blended families. Regular reviews and transparent communication with all parties can help mitigate future disputes.
Note: This matter took place outside of California, where attorneys at The Estate Lawyers are licensed and where we focus our litigation practice. We present the story to underscore the importance of approaching disinheritance with careful planning, clarity, and sensitivity. As always, do not hesitate to contact The Estate Lawyers with questions. Write to us at Hello@TheEstateLawyers.com.