In re Estate of Washburn
Supreme Court of New Hampshire
690 A.2d 1024 (1997)
Washburn executed three wills between 1986 and 1992, with her final April 1992 will reversing her prior March 1992 will by leaving the bulk of her estate to her caretaker Remick (respondent) rather than her niece Colonna (petitioner); Colonna challenged the April 1992 will's validity, and the probate court considered evidence that Washburn was later diagnosed with moderate to advanced Alzheimer's disease within a year of executing the will, that she was confused and forgetful around the time of execution, and that her statements were inconsistent with the will's actual gifts. The probate court found Washburn lacked testamentary capacity, and Remick appealed.
Whether, where a petitioner challenging testamentary capacity has overcome the initial presumption of competency, the proponent of the will must prove capacity by a preponderance of the evidence.