At the trial court level, in Estate of Koontz, the court granted summary judgment against a will contestant’s claims of undue influence and lack of testamentary capacity. The court of appeals reversed the summary judgment and reviewed the contestant’s affidavit, which noted the decedent’s bi-polar depression, prolonged episodes of paranoid and delusional behavior, and his behaviors over an affair and piece of property he owned. Subsequently, the court found that the affidavit contained “more than a scintilla” of evidence to prove the decedent’s lack of testamentary capacity. The court ultimately concluded that the contestant had provided enough evidence for the lack of testamentary capacity claim to withstand summary judgment.
See J. Michael Young, Estate of Koontz: Another Summary Judgment Overturned, Texas Probate Litigation, November 17, 2016.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
