Donations to Hospital and Allegations of Coercion and Contested Will

The following is a link to an interesting New York Times article dated May 29, 2013, Huguette Clark’s will and estate, and allegations that she was coerced by the hospital where she had been staying for the last 20 years of her lift to donate money and assets to the hospital and to leave the hospital $1 million in her will.  Click here for article.

My initial thoughts, based on the information provided by the article.  The article does refer to information provided in papers that have been filed with the court, and of course we don’t have those papers which presumably do contain significant information that will be admissible as evidence at the scheduled September trial.  Ms. Clark was extremely wealth.  Living in a hospital for the last 20 years of her life certainly is unusual.  However, the article doesn’t indicate that she lacked capacity to make that decision at least early in her 20-year stay.  Ms. Clark had the money to live anywhere that she wanted.  Ms. Clark was in bad shape when she first entered the hospital and they treated her back to health.  Apparently she felt safe and well-cared for in the hospital.

If Ms. Clark’s family members or friends were concerned about her mental capacity and decision making, or if they were concerned that the hospital was unduly influencing her, the article doesn’t indicate that Ms. Clark was ever conserved by her family members or that there was any attempt to conserve her during the 20 year hospital stay.

Ms. Clark did pay for the cost of her stay at the hospital.  The article doesn’t provide information about those costs.  The article indicates that Ms. Clark left $1 million to the hospital in her will, that she had donated to the hospital an additional $4 million during the 20 years, and that her estate was worth $300 million on her death.  The article also indicates or suggests that the hospital did try to get Ms. Clark to donate additional funds to the hospital.  The attorney for the parties who are contesting the will in part stated: “What this is about is not just a will contest, it’s about the accountability of professionals.”

My initial take away based on the information provided in the article (but of course additional information could indicate otherwise): inadequate evidence that Ms. Clark lacked mental capacity, or that she was coerced, and given the amount of her wealth it is arguable that she really wasn’t generous to the hospital but was instead generous to the people and entities who do inherit the majority of her wealth.  Given that Ms. Clark had lived at the hospital for 20 years, it would not have surprised me if she had left more to the hospital.

Vidal Sassoon’s Will Two Months Before Death Disinherits Son?

Vidal Sassoon’s Will Two Months Before Death Disinherits Son?

According to an article on MSN, Click Here For Article, Vidal Sassoon’s will, executed two months before his death, disinherits his son and his son’s issue (children). In California a decedent’s estate is supposed to be distributed to the people in the amounts that the decedent would have intended. Is a will or trust valid and are the terms enforceable? Sometimes and sometimes not. Some of the possible issues include: is there evidence of undue influence; was there a lack of mental capacity to understand the will or trust and its terms; are the terms of the will or trust vague, ambiguous or incomplete; are the terms of the will or trust unnatural to what the decedent would have wanted based on historical evidence; is there evidence of fraud; are the beneficiaries statutorily prohibited from inheriting (such as because of involvement in the drafting or transcription of the will, or caregivers, or for other reasons); was the will or trust properly executed; are there medications or infirmities involved; who has the burden of proof and can it be shifted to another party; and other possible issues and claims. Will and trust disputes are complicated, law and evidence intensive, and very contentious.

Dave Tate, Esq. (San Francisco and California) – Trust, Estate, Conservatorship & Elder Litigation.