Substituted Judgment to Change Incapacitated Person’s Will

A change to an incapacitated person’s will was approved, the court exercising its power of substituted judgment, when the incapacitated person and her husband both had children from prior marriages, each had executed reciprocal wills each leaving their estates to the other with their estates divided in equal shares among the children of both spouses upon the death of the survivor, but the husband had changed his will after his wife had become incapacitated and his estate went only to his children when he predeceased his incapacitated wife, the court agreeing that the incapacitated wife would have wanted to disinherit her husband’s children.  Navarra Estate, 7 Fid.Rep.3d 39 (O.C. Lawrence Co. 2016).

(For the earlier decision in which the court held that it had the power to substitute its judgment, see  6 Fid.Rep.3d 368.)

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