Court of Appeals Affirms That Will Was Product of Undue Influence

Last week, the Indiana Court of Appeals affirmed judgment in favor of daughters who contested their father’s last will and testament on the basis that he lacked testamentary capacity and was unduly influenced by his wife. In Moriarty v. Moriarty et al, the trial court declared the purported will to be invalid, ordered the return of several non-probate transfers, and directed that the decedent’s estate be distributed as an intestate estate.

Cathy and Paula were the only daughters of the decedent, William and his wife of 58 years, Doreen. Their mother passed away in April 2016. William was diagnose with depression, anxiety, and congestive heart failure after Doreen died. Eve met William while Doreen was still alive and began dating him within weeks after Doreen’s death. Afterward, Cathy and Paula noticed a marked change in their relationship with their father, though they did not learn of his and Eve’s relationship until soon before they were married.

Following their wedding, Eve continued to isolate William from his daughters. In fact, Paula did not meet Eve until the day before William died. The daughters were no longer permitted to participate in his medical care, as they had previously done. Eve even fired William’s long-time caregiver who had also cared for Doreen.

William’s spending also changed drastically, he bought an extravagant home that was put in both he and Eve’s names, even though Eve did not help pay for the home. 

Following a three-day evidentiary hearing and testimony from 15 witnesses, the trial court issued a 28-page order with more than 250 findings and conclusions. The trial court was convinced that Eve exercised undue influence over William due to multiple facts presented at trial, including the dramatic shift in his estate plan only one month before his death and Eve’s involvement in procuring his will and surrendering his life insurance policy.

The Court of Appeals’ opinion reaffirmed that trial courts have wide discretion in making factual determinations and weighing the credibility of witnesses in will contests.

See Sarah Jenkins and Jason M. Rauch, Court of Appeals Affirms That Will Was Product of Undue Influence, Faegre Drinker, June 17, 2020. 

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