Wills

Testamentary Capacity

In re Estate of Grimm, 180 S.W.3d 602 (Tex. App.—Eastland 2005, no pet.). 

 

The trial court granted summary judgment that Testatrix had testamentary capacity at the time she executed her will. The appellate court reversed holding that there was a genuine material fact issue with regard to Testatrix’s testamentary capacity. The evidence on which the court relied included affidavits discussing Testatrix’s drinking problem, decline in cognitive thinking, loss of short-term memory, paranoid and delusional thinking, and general difficulties handling everyday affairs. The court explained that this evidence was fact-based rather than conclusory and that the evidence raised more than a mere suspicion of lack of capacity. The court also indicated that this evidence was temporally connected to the time of will execution.

Moral: It takes very little evidence to raise a fact issue with respect to testamentary capacity and thereby preclude a summary judgment.

 

 Wills

Undue Influence

In re Estate of Grimm, 180 S.W.3d 602 (Tex. App.—Eastland 2005, no pet.). 

 

The trial court granted a no-evidence motion for summary judgment that Testatrix was subject to undue influence at the time she executed her will. The appellate court reversed holding that the evidence was insufficient. The court explained that the evidence merely showed that Testatrix’s caregiver had the opportunity to exert undue influence. Accordingly, there was insufficient evidence to present a material fact issue to defeat a no-evidence motion for summary judgment.

Moral: Evidence showing more than an opportunity to exert undue influence is necessary to withstand a no-evidence motion for summary judgment.



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