Contesting the Validity of a Will? What 4 Things is the Judge Going to Look at?

With all the stories of famed Cubs player Ernie Banks estate dispute in the news, the problem with leaving a loved one with a caretaker is getting more and more publicity. Caretakers can be a godsend but they can also be a source of abuse and financial exploitation sometimes conning millions from an estate. Often I am asked, how does a Court decide if such awards are proper? A recent case from Kentucky is rather illustrative.

• In Stuckey v. Young, Stuckey took care of Mrs. Young in her old age and lived on her property.
• Mrs. Young eventually disinherited her son and left the majority of her estate to her caretaker. She also granted him power of attorney in 1998.
• Sometime in 2002 Mrs. Young fell and was transferred to a nursing home where herrelationship with her son was rekindled. At this time it was also argued that Stuckey had been financially exploiting Mrs. Young and new wills were executed leaving the property to her son, Young Jr.
•  Mrs. Young eventually passed away and Stuckey has challenged the 2002 will stating that Mrs. Young lacked the testamentary capacity to execute a will or dispose of property.

How did the Court decide? Kentucky like Florida has a presumption that a testator has the competency to dispose of their property and places the burden on proving incompetency on the person who contests the will. Its important to remember that if you want to challenge a will it will be your job to “prove the issues.” This is called testatorial absolutism.

But what does the Court look to specifically? To validly execute a will, a testator must:

(1) know the natural objects of her bounty;

(2) know her obligations to them;

(3) know the character and value of her estate; and

(4) dispose of her estate according to her own fixed purpose…. Merely being an older person, possessing a failing memory, momentary forgetfulness, weakness of mental powers or lack of strict coherence in conversation does not render one incapable of validly executing a will.

In fact Courts have specifically noted that even a showing of Alzheimers is not enough evidence in and of itself to properly invalidate a will.  Invalidating a Will in Florida?

1. Be prepared to present a lot of evidence
2. Remember mere mental illness is not enough
3. Remember to keep an eye on those caretakers and those that can influence your loved ones
4. Constantly keep up with those who you know are at risk of being taken advantage of by caretakers and other groups, con artists cannot take advantage of those who are looked after.