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FYI - Will's Assertion of Mistreatment by Disinherited Child is Not Grounds for Invalidity
Decedent's will specifically disinherited his only child and some of his grandchildren "by reason of their ... treatment" of him. Son challenged the will, claiming that it was improperly executed, and also that the decedent had operated under "an insane delusion that four of his grandchildren did not care about him."
At trial evidence showed that the grandchildren had visited the decedent infrequent if at all. State intermediate appellate court, in a memorandum decision, affirms trial court decision admitting the will to probate. As for the due execution argument, the appellate court is persuaded that the attorney who prepared the will oversaw its proper execution. As for the "insane delusion" argument, the appellate court rules that evidence of the grandchildren's infrequent contact was enough to "sustain decedent's belief, even if erroneous, that they exhibited a lack of concern for decedent's well-being." The son having failed to meet his burden of proving that the decedent suffered from an insane delusion, or that the will was improperly executed, the decision to admit the will to probate is affirmed.
Estate of Pilon New York Supreme Court, Appellate Division, Third Department, July 22, 2004
To view the full case click here.
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