Estate of Pilkilton Shows Appellate Courts Hesitant to Overturn Lower Court Determinations on Testamentary Capacity

Texas Probate Litigation blog points out some key points that are highlighted in the Dallas Court of Appeals’ decision in Estate of Pilkilton. 

The case was brought in Grayson County and one judge found that the testator in a guardianship dispute was “‘totally incapacitated.'” After the testator’s death, another judge held that, around the same time his capacity was deemed inadequate by the other judge, the testator did have testamentary capacity to execute a new will. 

The will contestants argued that collateral estoppel prevented the second judge from finding that the testator had capacity to execute the will. The court of appeals rejected their argument, explaining that “‘a finding of incapacity in a guardianship proceeding is different from a finding of a lack of testamentary capacity in a will contest.'”

This case demonstrates that appellate courts generally don’t want to overturn trial court findings regarding testamentary capacity.

See “Incapacitated” Does Not Necessarily Equal Lack of Testamentary Capacity, Texas Probate Litigation, Apr. 2, 2013. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.