Undue Influence Not Established

Here, three siblings of the decedent objected to the last will and testament of their brother, claiming that he was unduly influenced by two cousins and lacked testamentary capacity when he made a will giving his entire estate to his cousins and appointing them as executors of his estate. The will was executed and signed by the decedent in 2004, specifically providing that his siblings were not to inherit under his estate. Pertinent to this case is the fact that, in 1961, the decedent suffered a mental breakdown during his first year of medical school and was admitted to a psychiatric hospital. After his hospital stay and recovery, he moved home and problems amongst the siblings developed. At one point, the decedent attacked one of his brothers. In 2007, he entered a nursing home where he did not allow visits from his siblings but did receive visits from his first cousins. After his death, the decedent’s will was admitted to probate and the trial court ultimately dismissed the siblings’ claims of undue influence and lack of testamentary capacity.

The siblings appealed. The Iowa Court of Appeals first addressed the issue of undue influence and found that there was not enough circumstantial evidence to prove that the first cousin’s influenced the decedent’s choices with respect to execution of his will. Even though the decedent clearly had a strained relationship with his siblings and exhibited volatile behavior and psychiatric problems, he was capable to making a will. 

The appellate court next dealt with the issue of testamentary capacity. The siblings claimed that the trial court should have instructed the jury that the decedent’s mental problems were a permanent disability. The appellate court could not agree that the decedent’s condition rose to the level of a lack of testamentary capacity. The decedent knew he was making a will, knew the kind and extent of his property, was able to identify and remember those who he would naturally give his property to, and knew how he wanted to distribute the property. In Iowa, that is all that is required for testamentary capacity. Despite a shaky psychiatric history, the decedent was not permanently disabled. Goche v. Goche, et al., No. 0-169/09-0761 (Iowa Ct. App., Jul. 28, 2010).