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Trusts & Estates – Will Caveat – Undue Influence & Incapacity Allegations

Trusts & Estates – Will Caveat – Undue Influence & Incapacity Allegations

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A caveat alleged that propounder – the decedent’s brother – unduly influenced the decedent and that the decedent lacked testamentary capacity at the time she executed the will, which left the decedent’s property to propounder rather than to her two daughters. However, caveator failed to forecast evidence to support her allegations.

We affirm summary judgment for propounder.

Caveator ‘s affidavit opposing summary judgment made general assertions concerning the decedent’s blood pressure and oxygen levels in the days preceding the execution of the will. This general evidence, while indicative of the decedent’s physical condition, did not negate her testamentary capacity. Moreover, the decedent’s medical records do not support the caveat’s allegation that the decedent “demonstrated obvious signs of dementia” prior to the execution of the will.

Ricks v. Ragland (In re Estate of Respess) (Lawyers Weekly No. 012-468-22, 13 pp.) (Toby Hampson, J.) Appealed from Durham County Superior Court (Orlando Hudson, J.) Alicia Ricks, pro se; Gary Berman for propounder. 2022-NCCOA-758

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