In 2004 John Simpson executed his last will and testament. His sole heir was his sister. But he expressly excluded her from the will. Instead he gave his estate to his girlfriend.
When making the will, Simpson supposedly told his attorney that he (Simpson) did not want his sister to inherit anything.
In 2020, Simpson was in a car accident. While at the hospital, he told his girlfriend’s son to find the 2004 will. Simpson allegedly wanted to keep his sister from finding the document first.
The girlfriend’s son found the will. The document contained a hand-drawn red line through the girlfriend’s name as beneficiary and executrix. The marks were apparently made by Simpson.
Simpson died and his sister contested the will in probate court. She argued that the red marks amounted to a revocation of the 2004 will.
The probate judge rejected this argument. The judge relied on testimony that she heard at trial. Simpson’s attorney testified that it was Simpson’s intent to exclude the sister from inheriting his property. Additionally, the girlfriend’s son testified that Simpson wanted him to find the 2004 will in order to prevent the sister from getting it first. This testimony, according to the probate judge, successfully refuted the sister’s claim that Simpson intended to revoke the original document.
Undeterred, the sister appealed. The Appeals Court upheld the lower court’s ruling.
the real question before us is one of fact, namely, whether Simpson intended to revoke the will. We give deference to the judge’s factual findings unless clearly erroneous. The judge concluded that the sister did not meet her burden of proving that the testator revoked the will. The judge supported this conclusion by finding that Simpson did not intend for [the sister] to inherit any part of his estate. Trial testimony from witnesses, credited by the judge, supported this finding. Simpson’s friend testified that Simpson had told her that he did not want any property to go to his sister after his death. Simpson’s attorney testified that Simpson executed his will in 2004 for the very purpose of ensuring that his sister did not inherit from him. The record offers ample support for the judge’s finding. (Citations and quotations omitted.)
The full text of the opinion is attached below.