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Keywords

attorneyappealtrialprobatetrustwillpower of attorney
appealtrialtrustwill

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Medlock v. Mitchell, 95 Ark. App. 132, 234 S.W.3d 901

Facts

Richard Mitchell executed a will in 1998, leaving his estate to his children, but later amended it in 2003 to leave everything to his second wife, Kay, after being diagnosed with terminal lung cancer. Following Richard's death, his daughter Michelle sought to probate the original 1998 will, claiming the 2003 will was invalid due to Richard's incompetence and undue influence from Kay. The trial court found a confidential relationship between Richard and Kay, leading to a presumption of undue influence, which was not successfully rebutted by the personal representative of Kay's estate.

Richard Mitchell executed a will on August 20, 1998, leaving his estate equally to two of his five children, Mark and Michelle.

Issue

Did the trial court err in finding that a confidential relationship existed between Richard and Kay, which raised a presumption of undue influence regarding the 2003 will and trust amendments?

Jerald raises two points on appeal: that the trial court erred in finding that a confidential relationship existed between Richard and Kay that can give rise to a presumption of undue influence.

Rule

A confidential relationship exists between a husband and wife, which can give rise to a presumption of undue influence, and the burden is on the proponent of the will to rebut this presumption by a clear preponderance of the evidence.

A confidential relationship exists between a husband and wife, which can give rise to a presumption of undue influence.

Analysis

The court applied the rule by determining that a confidential relationship existed between Richard and Kay, which was supported by Kay holding Richard's power of attorney and their marital relationship. The court found that the evidence presented did not sufficiently rebut the presumption of undue influence, particularly given the circumstances surrounding the execution of the 2003 will and trust amendments, including Richard's weakened state and Kay's involvement in the process.

The court noted that the burden of establishing that the new beneficiary did not take advantage of the confidential relationship rests with Jerald as the proponent of the 2003 will and trust amendments and must be established by a clear preponderance of the evidence.

Conclusion

The Court of Appeals affirmed the trial court's decision, concluding that the presumption of undue influence was not rebutted and that the 2003 will and trust amendments were invalid.

We cannot say that the trial court was clearly erroneous when it found that Jerald had not rebutted the presumption of undue influence.

Who won?

Michelle Mitchell prevailed in the case as the court upheld the validity of the 1998 will, finding that the 2003 will was a product of undue influence by Kay.

Michelle is Richard's daughter and was appointed executrix of his estate.

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