Summary
The Louisiana Fourth Circuit Court of Appeal affirmed a trial court judgment invalidating Loney Landry's 2017 will for lack of testamentary capacity. The court held that the evidence, including medical records and witness testimony, supported the finding that Vanessa Landry overcame the presumption of testamentary capacity by clear and convincing evidence. The court also noted facial irregularities in the 2017 will.
Topics
Practice areas
Questions Presented
- Whether the trial court erred by failing to treat the testator's intent as the paramount consideration.
- Whether the trial court erred by failing to apply the presumption of testamentary capacity.
- Whether the trial court erred in finding that the presumption of testamentary capacity was overcome by clear and convincing evidence.
- Whether the trial court erred by invalidating the September 26, 2017 will.
Holdings
- The trial court did not manifestly err or clearly err in finding that Vanessa Marie Landry overcame the presumption of testamentary capacity by clear and convincing evidence.
- The judgment invalidating the 2017 will was affirmed.
Key quotations
“The party alleging incapacity has the burden of proving the lack of capacity at the time the will was executed by clear and convincing evidence to the contrary.” (3)
“Cases involving challenges to capacity are fact- intensive. The courts will look both to objective and subjective indicia.” (3)
“Although there may be a presumption of testamentary capacity, the trial court clearly believed that Ms. Landry overcame that presumption by clear and convincing evidence when it found that the 2017 will was invalid on the grounds that Mr. Landry lacked the mental capacity to execute a last will and testament.” (6)
Factual background
Loney Landry executed a 2016 will leaving his estate to his daughter and a 2017 will leaving the remainder of his estate to his nephew, Sandy Williams. Shortly before executing the 2017 will, Landry was hospitalized for altered mental status and suspected seizure activity, experienced delirium and confusion, took numerous medications including chronic prescription opiates, and was diagnosed with terminal prostate cancer. A caregiver testified that Landry was confused, did not know what he wanted to do, and felt forced to sign the 2017 will. The appellate record also showed irregularities in the will's execution, including questions concerning the witness's qualifications and unsigned handwritten changes.
Procedural history
Landry executed a 2016 will favoring his daughter, Vanessa Marie Landry, and a 2017 will favoring his nephew, Sandy Williams. After Williams challenged the probate of the 2016 will, the trial court found the 2017 will invalid because Landry lacked testamentary capacity. In a prior appeal, the Fourth Circuit remanded for supplementation of the appellate record with Landry's medical records. After the record was supplemented, the court reviewed the capacity finding and affirmed.