Trusts & Estates – Testamentary Capacity

By: Derek Hawkins//August 5, 2015//

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Civil

WI Court of Appeals – District IV

Officials: Lundsten, Higginbotham and Sherman, JJ.

Trusts & Estates – Testamentary Capacity

2014AP937 Berna Big Thunder-Hidnsley v. Vickie Hindsley

This is a will contest brought by the children of George W. Hindsley, Jr. George executed several testamentary documents. George’s last will was executed in 2005 and in that will he left his entire estate to his second wife, Berna Big Thunder-Hindsley.1 Following a hearing on the children’s objection to the 2005 will and on Berna’s motion for reconsideration, the circuit court invalidated the will based on two findings.2 Berna challenges those two findings. For the reasons that follow, we reverse the circuit court’s findings on testamentary capacity and the validity of George’s signature on the 2005 will. Accordingly, we reverse the circuit court’s orders and remand with directions to admit the 2005 will to probate.

Decision

Reversed and Remanded

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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