Evidence sufficient to show lack of testamentary capacity

A testator must have a minimum level of mental capacity to execute a will in Texas. Referred to as testamentary capacity, there are no hard and fast rules for the type and level of evidence required to prove the maker of a will lacked testamentary capacity. But a court of appeals will be reluctant to overturn a jury’s verdict that a testator lacked capacity.

A case from the Houston Court of Appeals, Bracewell v. Bracewell is a good example. A Grimes County jury found that the testator lacked capacity and the court of appeals affirmed.

Background of the will contest dispute

W.T. and Irene were married in 1928. They owned over eight hundred acres of land in Bedias, Texas, along with the mineral rights to that land. W.T. operated a cattle ranch. They had two children, Bobbie and Charles.

In 1961, Irene purportedly executed a will leaving her entire estate to Charles. During the 1960s, Irene left W.T. and moved in with Charles in Houston but later returned to W.T. On November 20, 1975, W.T. and Irene executed a joint will stating that Irene would inherit their entire estate if W.T. died first. If Irene died first, W.T. would inherit everything.

During the 1970s, W.T. and Irene gifted several tracts of land to both Bobbie and Charles. Bobbie and her husband also purchased land from W.T. and Irene and built a home on the property. W.T. gave cash gifts to Bobbie and her husband in 1984. In total, Bobbie and her husband acquired just over three hundred acres, while Charles received approximately four hundred and ninety-two acres, including the land with the family home. Charles also owned a home on one of the lakes and had a residence in Colorado.

Irene's health declined in her later years, and she had various medical conditions, including nervousness, anxiety, hypertension, hypothyroidism, degenerative joint disease, and Parkinson's Disease. She received medications for her ailments, and there were concerns about her misuse of tranquilizers. Although Irene loved her son Charles, she and W.T. did not get along.

In March 1989, Irene discovered that W.T. had executed another will making Bobbie the sole heir of his estate. Shortly after, W.T. revoked Charles' power of attorney, and Irene executed an affidavit expressing her desire for Charles to keep the gifted land. Irene also executed a General Power of Attorney designating Charles as her attorney-in-fact. Without W.T.'s knowledge, Irene executed another will on August 17, 1989, and gave it to Charles for safekeeping. Irene's health continued to decline, and she moved into a nursing home in 1994. She passed away on May 9, 1995, at the age of eighty-two.

After Irene's death, W.T. filed a lawsuit against Charles, seeking to set aside the land gifts made to him and probate the 1975 joint will. Charles filed Irene's 1989 will for probate, but W.T. argued that Irene lacked testamentary capacity when she executed that document. The jury sided with W.T., finding that Irene lacked testamentary capacity for the 1989 will. They also found the 1975 will to be valid. As a result, the trial court allowed probating of Irene's 1975 will. Charles appealed this decision.

Evidence supporting the verdict regarding capacity

Testimony from W.T., their daughter Bobbie, Linda Grisset (Bobbie's daughter), Dr. Luke Scamardo (Irene's treating physician), and Dr. Gary Newsome (a psychiatrist) provided evidence of Irene's deteriorating mental and physical condition.

W.T. testified that Irene's health declined after her hospitalization in 1984. She became a different person, quit driving and going to church, and isolated herself from company. Bobbie testified that Irene's health worsened after 1984, and she acted like a child during personal care routines. She also mentioned a letter written by Charles describing Irene's extensive medication use and the progression of her Parkinson's Disease.

Linda, Irene's granddaughter, testified that Irene was once an active churchgoer and social person but stopped attending church after 1984. She visited Irene on the day the 1989 will was executed and found her completely unresponsive and unable to relate to her granddaughter.

Dr. Scamardo, Irene's treating physician, confirmed her medical conditions and the medications prescribed for them. He expressed concerns about her abuse of tranquilizers and testified that she had periods of incoherence. Medical records indicated hospital admissions, problems with incoherence, extreme anxiety, and refusal to take medication.

Dr. Newsome, a psychiatrist, examined Irene in 1992 and found her extremely confused and suffering from delirium. Dr. Newsome opined that Irene lacked testamentary capacity on the day she executed the 1989 will.He stated that Irene likely had dementia for a significant period, possibly ten to fifteen years, and that her condition was worsened by the medication she misused.

The court found the testimony of Dr. Scamardo and Dr. Newsome compelling and supported by the overall evidence. The changes in Irene's behavior, her Parkinson's Disease, history of medication misuse, and the testimony of family members provided sufficient evidence for the jury to infer that Irene lacked testamentary capacity when she executed the will. The court concluded that the verdict was supported by legally sufficient evidence and rejected Charles' challenge on that issue.

Charles did present competing evidence that Irene did have capacity. Also that several witnesses were interested in the outcome of the case. But the court of appeals found the jury could sort through the competing evidence to render its verdict.

It is very important to contact a lawyer experienced in evaluating will contests in Texas. Our track record speaks for itself. Call lawyer J. Michael Young at (800) 323-1857.