122 So. 3d 111
Miss. Ct. App.2013Background
- Lorraine H. Thomas dies in 1997; proponent Glenn Thomas seeks probate, while sons Ernest and Linda contest.
- Lorraine lived under Glenn’s care in Florida after 1993; Glenn handled finances, medical decision-making, and transportation.
- Bea Roper drafted Lorraine’s August 1993 will at Glenn’s suggestion; she was not an attorney and was not paid.
- The will form contains blanks filled in by Glenn with Lorraine’s handwriting; Lorraine did not initial the filled margins.
- The execution occurred at City Drugs with two witnesses; there is no notary seal, and Lorraine’s initials on first two pages are missing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the will under execution requirements | Ernest/Linda: initials missing violate 91-5-1 | Glenn: substantial compliance; execution and witnessing present | Will properly executed; substantial compliance supported |
| Confidential relationship and presumption of undue influence | Lorraine and Glenn shared a confidential relationship with Glenn actively involved | Glenn’s involvement did not amount to undue influence; no abuse shown | Presumption not adequately proven; chancellor erred in standard |
| Burden-shifting and proof to overcome presumption | Croft/Dabney shift burden to proponent after confidential relationship | Glenn needed to rebut by clear and convincing evidence | Chancellor failed to shift burden properly; remand warranted for proper standard |
| Independent consent and action by testator | Lorraine acted independently; no advice from disinterested party | Glenn’s involvement negates independent consent | Glenn’s active procurement negates independent consent; undue-influence presumption stands |
Key Cases Cited
- Croft v. Alder, 237 Miss. 713, 115 So.2d 683 (Miss. 1959) (confidential relationship doctrine and presumption of undue influence)
- Estate of Dabney, 740 So.2d 915 (Miss. 1999) (presumption shifted to proponent; burden to rebut with clear and convincing evidence)
- Noblin v. Burgess, 54 So.3d 282 (Miss.Ct.App. 2010) (presumption arises from confidential relationship and active involvement; proof to overcome must be clear and convincing)
- Vega v. Estate of Mullen, 583 So.2d 1259 (Miss. 1991) (independent-consent standard; sets framework for evaluating independent action)
- In re Will of Fankboner, 638 So.2d 493 (Miss. 1994) (guidance on evaluating good faith and initiation of procurement)