Decedent’s Lack Of Testamentary Capacity And Undue Influence When She Executed Will Must Be Proven By Clear And Convincing Evidence
The estate litigation case of In the Matter of Tornaden, NJ. Super App. Div., 38-2-1442, addressed the evidence necessary to invalidate a Will due to the lack of testamentary capacity and/or undue influence in the execution of the will. On June 28, 2013, the surrogate of Essex County admitted the Dec, 7, 2011, will of decedent Nella Tornaben to probate. Plaintiffs Clara Peduzzi, Giuliano Peduzzi and Luciano Peduzzi filed a complaint that Nella lacked testamentary capacity and that the will was the product of undue influence. Plaintiff appealed from the order of the Chancery Division, Probate Part dismissing their complaint on summary judgment. On appeal plaintiffs renewed their contentions that decedent lacked testamentary capacity and was under undue influence when she executed her will. They argued that there were disputed issues of material fact as to decedent’s competency and susceptibility to undue influence. Plaintiffs also contended that the motion judge erred in discounting their expert report as a net opinion. The certifications presented by each side revealed that, while Nella may have suffered from some confusion around the time period she executed the wills, generally she was lucid, and she continued to manage her own affairs until 2013. Nella’s records relating to her November 7-9 2011 admission to hospital, upon which plaintiffs and expert relied, failed to establish Nella’s lack of capacity. Despite the noted mild dementia, Judge Koprowski determined that Nella possessed the requisite testamentary capacity when she executed her 2011 wills. Evaluating the proofs in the aggregate, the appellate panel agreed with Judge Koprowski conclusion that no reasonable trier of fact could find the plaintiffs established Nella’s lack of testamentary capacity by clear and convincing evidence. Moreover, well prior to her mental decline, Nella evinced an unwavering resolve to exclude her “Italian relatives” from her will. Further, Judge Koprowski did not abuse his use of discretion in discounting the expert’s opinion as a net opinion. The appellate panel affirmed the dismissal of plaintiffs’ compliant on summary judgment.
Reference: Case & Analysis, New Jersey Law Journal, 222 N.J.L.J. 3363 (October 3, 2016)
Filed Under: Estate Litigation; Invalidation of Will; Undue Influence: Lack of Testamentary Capacity.
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