Ayer v. Morenz-Harbinger

Citations

• 2020 Ohio 6861

Syllabus

PROBATE – WILLS – UNDUE INFLUENCE – TESTAMENTARY CAPACITY - STANDING: A will attestation clause was entitled to a presumption of proper execution when it was valid on its face and drafted by an attorney who was present at the execution, and will contestants could not create a triable issue of fact based solely on a witness's lack of memory as to the details of the execution. Will contestants failed to meet their burden to show a triable issue of fact existed for trial on their claim for undue influence when the evidence showed that the testator, who was sharp and strong willed, called the lawyer herself, the lawyer spoke to her alone, and she signed the will in the presence of the lawyer and a witness the testator had called, and when the contestants' evidence supporting their claim were incidents that occurred years after the execution of the will. Will contestants failed to meet their burden to show that a triable issue of fact existed for trial on their claim that the testator lacked testamentary capacity when the evidence overwhelmingly showed that at the time the will was executed, the testator was able to list her many financial accounts, her personal assets and her real estate, and otherwise knew the general nature and extent of her property. Will contestants who were not beneficiaries of the will had no standing to bring claims for alleged concealment or embezzlement of estate assets, unjust enrichment, breach of a power of attorney, constructive trust, and injunctive relief.