Surrogate’s Court dismissed objections based on lack of testamentary capacity, finding them to be based on mere surmise. In re Horn 68 Misc. 3d 1217 (N.Y. Surr. Ct. 2020)

In re Horn, 68 Misc. 3d 1217 (N.Y. Surr. Ct. 2020), the dispute revolves around the Last Will and Testament dated January 15, 2019, including a claim related to the testamentary capacity of the testator. Testamentary capacity is crucial in ensuring the validity of a person’s will. It reflects the mental and emotional state of the testator, verifying their ability to comprehend the nature of their assets, understand the consequences of their decisions, and identify rightful beneficiaries. Establishing testamentary capacity safeguards against potential exploitation, fraud, or undue influence. A sound mind during will creation ensures that the document truly represents the individual’s intentions. Without testamentary capacity, the legitimacy of the will may be questioned, leading to legal disputes and jeopardizing the deceased’s final wishes. Thus, testamentary capacity is indispensable for maintaining the integrity of the probate process.

Factual Background
Russell L. Van Horn passed away on January 19, 2019, leaving a contested last will and testament dated January 15, 2019 (the “January 15th Will”). While hospitalized due to cancer at Orange Regional Medical Center, Decedent’s nephew, Kiel Van Horn, drafted a will on January 14, 2019 (the “January 14th Will”), incorporating handwritten changes made by the Decedent. The January 14th Will bequeathed property and assets to family members, including a 1/5 share of the estate residue to Objectant Tammy Long. On January 15, 2019, Kiel Van Horn created the January 15th Will, revoking the previous version. Objectant Long contests the January 15th Will, alleging lack of capacity, duress, undue influence, or fraud.

Issue
The central issue in this case revolves around the objections raised by Tammy Long, who contests the validity of the January 15th Will. Among other things, Long alleges that Russell L. Van Horn lacked the capacity to execute the will.

Holding
The court, after a comprehensive review of the evidence presented, grants summary judgment in favor of the petitioner, admitting the Last Will and Testament of Russell L. Van Horn dated January 15, 2019, to probate. The court dismisses Tammy Long’s objections in their entirety.

Discussion
In assessing the testamentary capacity issue, the court emphasizes the general presumption that a testator possesses the requisite capacity until proven otherwise. The court highlights the significance of an attorney’s role in drafting and supervising the execution of a will, creating a presumption of regularity in its execution. Additionally, the court notes the importance of an attestation clause and witness affidavits in establishing a prima facie case of testamentary capacity.

The court underscores that general allegations or conjecture about the decedent’s mental state are insufficient to raise a triable issue of fact. It emphasizes the necessity of specific evidence pertaining to the decedent’s mental condition at the exact time of will execution.

In this case, the court finds that the January 15th Will was prepared and executed under the supervision of an attorney, creating a presumption of validity. The attestation and affidavit of witnesses support the validity of the will. The burden shifts to the objectant to raise a genuine issue of fact, but the court criticizes the objectant for relying on general allegations and failing to provide expert testimony or specific evidence about the decedent’s mental state at the time of execution. The court also notes the objectant’s failure to engage in examinations or discovery, resulting in a waiver of such rights.

In summary, the court contends that the petitioner has established a prima facie case of testamentary capacity, and the objectant’s arguments lack factual support, consisting of mere surmise and general allegations.

Conclusion
The court’s decision to admit the Last Will and Testament of Russell L. Van Horn dated January 15, 2019, to probate is grounded in the petitioner’s successful demonstration of due execution and testamentary capacity. The objections raised by Tammy Long, centering on fraud and undue influence, are dismissed for lack of substantiated evidence. This case serves as a reminder of the nuanced nature of will contests and the stringent requirements for objectors to meet to establish their claims.