Deborah Knott-Wessells v. Amy Bowman and the Estate of Tom Knott/Bowman
24-ica-337
| Intermediate Court of Appeals ... | Jun 27, 2025Background
- Thomas Knott executed a handwritten, witnessed, and notarized will in October 2022, bequeathing all his possessions to his wife, Amy Bowman.
- Mr. Knott and Ms. Bowman were legally married and co-owned various properties and businesses.
- Mr. Knott passed away in February 2023; his will was admitted to probate soon after.
- Petitioner Deborah Knott-Wessells, Mr. Knott’s estranged sister, challenged the will, alleging improper form and seeking a share of the estate.
- The circuit court granted summary judgment for respondents, upholding the will's validity and noting Knott-Wessells lacked standing due to intestate succession laws.
- The Intermediate Court of Appeals affirmed the circuit court's decision, finding no substantial error or legal question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Will | The will lacked proper language to be valid | The will was properly executed/enforceable | Will was valid and enforceable |
| Standing to Challenge the Will | As sister, entitled to share if will invalid | As spouse, would inherit regardless | Knott-Wessells lacked standing |
| Intestate Succession Application | Would receive portion if will voided | Spouse inherits whole estate under statute | Spouse would inherit all under statute |
| Alleged Concealment/Bias | Bowman hid death, treated family poorly | Irrelevant to legal validity of will | Not a basis for setting aside the will |
Key Cases Cited
- Painter v. Peavy, 192 W. Va. 189 (de novo standard of review for summary judgment)
- United Bank, Inc. v. Blosser, 218 W. Va. 378 (summary judgment when no genuine issue of material fact)
- Findley v. State Farm Mut. Auto. Ins. Co., 213 W. Va. 80 (standing requires redressability)