955 N.W.2d 203
Iowa2021Background
- Vernon Radda has been under a voluntary guardianship and conservatorship since 1991 and suffers from schizoaffective disorder and severe autism spectrum disorder.
- He executed wills in 1992 and 2015; no contemporaneous judicial finding of testamentary capacity was made when those wills were executed.
- Barbara and Kevin Kiene (family) filed a declaratory-judgment petition in 2019 seeking a judicial determination that the 1992 and 2015 wills are invalid for lack of testamentary capacity.
- Washington State Bank, as conservator, moved to dismiss asserting the claims were not ripe, the Kienes lacked standing while Radda is alive, and sought fee-shifting; the district court initially denied dismissal, then narrowed the case to present testamentary capacity and ordered the Kienes to pay the conservator’s attorney fees.
- The Iowa Supreme Court granted interlocutory review and held that the Probate Code does not permit third-party predeath will contests under Iowa Code §633.637, affirmed dismissal of the validity challenge, reversed the allowance to determine present testamentary capacity, reversed the fee award, and remanded for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Iowa Code §633.637 permits a third party to challenge the validity of a ward’s will while the ward is alive | Kienes: §633.637 makes them "interested persons" who may seek a declaration that Radda lacked testamentary capacity; absence of judicial preapproval renders the wills presumptively invalid | Conservator: Statute does not grant third-party predeath standing; claims not ripe; will contests must await probate after death | Court: §633.637 does not authorize predeath third-party will contests; will challenges must await probate after death; decline to read a third‑party cause of action into the statute |
| Whether the court may adjudicate the ward’s present testamentary capacity in this proceeding | Kienes: Court should determine current capacity (and thus the validity of the wills) | Conservator: No statutory basis for adjudicating testamentary capacity of a living ward in this forum | Court: District court erred; no valid reason to proceed while ward alive; case must be dismissed |
| Whether petitioners must pay conservator’s attorney fees | Kienes: No statute or contract permits fee-shifting; American rule applies | Conservator: Policy supports fee-shifting to preserve ward’s estate and protect his funds | Court: Reversed fee award; no applicable fee-shifting statute or bad-faith showing; each side bears its own fees under the American rule |
Key Cases Cited
- Youngblut v. Youngblut, 945 N.W.2d 25 (Iowa 2020) (rejects collateral claims that circumvent statutory probate procedures and deadlines)
- Conservatorship of Rininger v. Rininger, 500 N.W.2d 47 (Iowa 1993) (interpreting ward powers and the "other than by will" language)
- In re Estate of Springer, 110 N.W.2d 380 (Iowa 1961) (establishing that conservatorship does not presume lack of testamentary capacity)
- Birkhofer ex rel. Johannsen v. Birkhofer, 610 N.W.2d 844 (Iowa 2000) (holding an intestate claim against a living person is too contingent for standing)
- In re Estate of Whalen, 827 N.W.2d 184 (Iowa 2013) (standards for statutory interpretation in probate contexts)
- Benskin, Inc. v. W. Bank, 952 N.W.2d 292 (Iowa 2020) (standard of review for motion to dismiss)