Professional Documents
Culture Documents
FACTS:
o T (Haynsworth), a wealthy widower ($6 million estate), at age 95 executed 3
wills in 1993 (February, July, and November). He died 2 years later in 1995 at age
97. In 1992, it sounds like Ts Niece began to be quite involved in Ts affairs.
FEBRUARY 1993 (WILL 1): drafted by long-time attorney (Blum). Bulk of
estate to various charities (consistent with prior wills) and a 5% bequest to
Blum (Niece claims that Blum never provided T. The various charities are
proponents of this will.
JULY 1993 (WILL 2): T executes another will that leaves less to charity and
more to Niece.
NOVEMBER 1993 (WILL 3): Its not clear what November 1993 says.
NIECE: wants July 1993 to control
CHARITIES: want February 1993 will to control (less Blums undue
influence).
TRIAL COURT
o Held July Will to be controlling. Threw out February Will in its entirety due to
Blums undue influence.
o Held T lacked capacity to execute November Will.
TESTAMENTARY CAPACITY
o At the time of the wills execution, T has the ability to mentally understand in a
general way:
The nature and extent of his property to be disposed of (must generally know
what assets you own);
His relation to those people who would naturally claim a substantial benefit
from the will (i.e., know who your close relatives are, sometimes referred to as
natural objects of your bounty); and
The practical effect of his will as executed (i.e., you know how your estate
will be distributed after your death). Testamentary Plan
LUCID MOMENT
o Testator is declared legally incapacitated, but T may regain testamentary capacity
by a lucid moment (or lucid interval).
A "lucid moment" is a period of time during which the testator returned to a
state of comprehension and possessed actual testamentary capacity