Am. Red Cross v. Estate of Haynsworth - 708 So. 2d 602 (Fla. Dist. Ct. App. 1998)

Rule:

Although an incompetency adjudication creates a presumption of lack of testamentary capacity as to any will thereafter executed during the continuance of such adjudication, that such presumption may be overcome on proof that the will was executed by the adjudged incompetent during a lucid interval. The terms "lucid moment" or "lucid interval" do not describe a moment when the testator was not patently delusional. A "lucid moment" is a period of time during which the testator returned to a state of comprehension and possessed actual testamentary capacity.

Facts:

Mr. John Anderson Haynsworth, Jr., enjoyed great financial success as a result of real property investments in Miami Beach. He was married for fifty years to Maybelle Haynsworth until her death in 1988, at which time Mr. Haynsworth was eighty-nine years old. After the death of his wife, Mr. Haynsworth sold his large home and moved into an apartment. He was represented in the sale by his long-time attorney, Ted Blum. Shortly after Hurricane Andrew, in August, 1992, Mr. Haynsworth's niece, Lisa Haynsworth-Jones, (the "Niece") traveled to Miami from West Palm Beach to visit her then ninety-three year-old uncle. She later returned to West Palm Beach. The instant controversy concerns three separate wills executed by Mr. Haynsworth during the year of 1993. With the help of Ted Blum, Mr. Haynsworth executed the first of the three wills, the "February Will", on February 4, 1993. This will directed that the American Red Cross, the United Way, and the Salvation Army (the "Charities" or "Appellants"), receive the lion's share of Haynsworth's six million dollar estate. The large bequests to the Charities were consistent with Mr. Haynsworth's prior wills. According to the Niece, Blum refused to supply Mr. Haynsworth with a copy of the February will because it contained a very large fee or bequest to Blum in the amount of approximately five percent of the estate. The Niece traveled again to Miami and stayed with Mr. Haynsworth in his apartment. Soon thereafter, real estate broker Paula Pred was retained and a house in Miami Beach worth $ 319,000 was purchased by Mr. Haynsworth. According to the Niece, Blum became aware of the purchase and wrote a letter to Mr. Haynsworth which advised him that Blum was available to represent him in the purchase. However, Paula Pred's husband, attorney Stanley Pred, was hired by Mr. Haynsworth. On April 16, 1993, Blum filed a petition to determine the capacity or incapacity of Mr. Haynsworth. According to the Niece, this action was one of retaliation against Mr. Haynsworth for not hiring Blum to represent him in the purchase of the new house. In the course of the competency proceedings, the Niece made application to become Mr. Haynsworth's guardian. The competency hearing was held on May 18, 1993. Medical testimony taken at the hearing described Mr. Haynsworth as disoriented and suffering from organic brain syndrome. One of the medical experts who had examined Mr. Haynsworth testified that Mr. Haynsworth could not recall the year, his city of residence, or the name of his wife of many years. The probate judge entered an order on July 31, 1993, nunc pro tunc to May 18, 1993, which adjudicated Mr. Haynsworth totally incapacitated and the Niece was appointed his guardian. In June or July of 1993, Mr. Haynsworth hired attorney Arthur Huttoe to draft a second will. According to the Niece, Mr. Haynsworth worked on a two-page document that outlined his testamentary wishes. The outline was given to Huttoe to follow in drafting a new will. The resulting will, the "July Will" was signed by Mr. Haynsworth before witnesses in Huttoe's office on July 30, 1993. Under this will, the large bequests to the Appellant Charities were greatly reduced and the bequests to the Niece and other family members were increased. On November 2, 1993, Mr. Haynsworth executed the third and final will, the "November Will".

Mr. Haynsworth died on December 29, 1995, at the age of ninety-seven. In January of 1996, probate proceedings were initiated by the decedent's nephew, Rutherford H. Spessard, Jr. for the administration of the February Will. The February Will was initially admitted to probate. Also in January of 1996, the Niece and Huttoe filed a petition for the administration of the November Will. The trial court vacated its order admitting the February Will to probate and appointed a curator. In February of 1996, the Niece and Huttoe filed an amended petition of administration seeking the admission of the November Will and the July Will. In July of 1996, the Niece filed another amended petition requesting the admission of the July Will only. This pleading averred that the other two wills, the February Will, and the November Will, were invalid. The case proceeded to non-jury trial. The Charities and the Niece presented competing testimony from various witnesses as to the capacity of Mr. Haynsworth at the time of the execution of the July Will. At the close of the non-jury trial, the trial court found that the February Will was invalid as the product of undue influence exerted by attorney Blum. This determination was based on the fact that the fee awarded Blum under the February Will amounted to approximately five percent of the estate. The trial court also found that the decedent lacked the capacity to execute the November Will.

Issue:

Was the Niece able to meet the burden of proving Mr. Haynsworth’s capacity in relation to the July Will?

Answer:

No.

Conclusion:

The Supreme Court of Florida has stated that “an adjudication of incompetency shifts the burden of going forward with the evidence on testamentary capacity to the proponent of the will." In the instant case, Mr. Haynsworth was declared legally incompetent on May 18, 1993.

The Niece presented two expert witnesses who opined that Mr. Haynsworth had testamentary capacity to execute the July Will. However, one of these experts had never examined Mr. Haynsworth, and the other had not examined Mr. Haynsworth near the time of the signing of the July Will. The Niece presented lay testimony to the effect that Mr. Haynsworth appeared lucid and was able to exchange pleasantries during the relevant time. However, none of the expert or lay testimony offered at trial provided any evidence relating to Mr. Haynsworth's testamentary capacity as it is legally defined, to-wit: Whether he had an understanding of the nature and extent of his holdings and assets, understood his relation to those who would naturally claim a substantial benefit from his will, and whether he possessed a general understanding of the practical effect of the will as executed. Accordingly, there was no competent substantial evidence that can be pointed to by the Niece/Appellee as even addressing, let alone overcoming, the presumption of incompetency that legally follows the adjudication of incompetency rendered by the court as of May 18, 1993. As a result, the trial court was in error in admitting the July Will to Probate. For the same reasons, the subsequent November Will is not capable of being probated either.