No evidence of lack of capacity for Will or undue influence In the Matter of the Estate of Willson
Plaintiff appealed from the grant of summary judgment in favor of defendant and the denial of plaintiff's motion for partial summary judgment.
Defendant was decedent's second wife, while plaintiff was decedent's daughter with his first wife. Two years after decedent and defendant married, decedent executed a will dividing his residuary estate between plaintiff and defendant; in addition, plaintiff was given a $100,000 bequest.
Thereafter, decedent made several revisions to his Will that kept the equal distribution of the residuary estate but eliminated the $100,000 bequest to plaintiff. In each of the revised wills, defendant was named co-executor alongside decedent's attorney. In the years leading up to his death, decedent executed a will giving his residuary estate entirely to plaintiff and naming her sole executor; however, decedent soon after changed his will to name defendant as the sole executor and beneficiary. Thereafter, decedent's health began to decline, although his physician found that decedent was oriented to time, place, person and situation.
Decedent contacted his attorney and requested that plaintiff's inheritance be limited to $200,000.
Decedent executed a new will and a memorandum explaining his decision to limit plaintiff's inheritance.
Following decedent's death, plaintiff filed a caveat to decedent's will along with a counterclaim alleging decedent lacked testamentary capacity to change his wills and beneficiary designations. Defendant moved for summary judgment while plaintiff cross-moved for partial summary judgment seeking a presumption of undue influence. The trial court granted judgment to defendant, concluding that plaintiff's claim of decedent's lack of testamentary capacity was based on speculation. Instead, the trial court found that the evidence supported finding decedent possessed testamentary capacity at the time he executed the revised will. The trial court also found no evidence of undue influence. On appeal, the court affirmed the grant of summary judgment to defendant for the reasons expressed by the trial court. source
https://www.law.com/njlawjournal/almID/1593537987NJA535018T/
