Decedent’s Inaccurate Statements Raised Possibility of Insane Delusion

In a will executed in 1987, the decedent left her daughter and son equal shares of her estate. In 2008, the decedent executed a new will that appointed her son as the personal representative and named trustee of the trust. Under the trust, the son’s two children were to inherit $100,000 and $50,000 respectively at the age of thirty, the daughter was to receive $350,000, and the son was to receive the remainder of the assets in the will and trust. At her death, the decedent’s estate exceeded $3 million.

The daughter opposed probate of the decedent’s will, alleging undue influence by the son, lack of testamentary capacity, and insane delusion. The trial court held that the son had not exerted undue influence over the will and trust. The trial court also determined that the decedent had testamentary capacity. The daughter appealed.

In Levin v. Levin, 60 So. 3d 1116 (Fla. Dist. Ct. App. 2011), the Florida intermediate appellate court affirmed the trial court’s determination that the decedent had testamentary capacity and that there was no undue influence. The court reversed and remanded on the issue of insane delusion, however, because the record indicated that the decedent claimed she had not seen her daughter in many years. In actuality, the record indicated that the daughter had visited the decedent numerous times during those years, with the most recent visit occurring fifteen months before the execution of the new will.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.