The Maine Supreme Judicial Court upholds the probate court’s order of summary judgment after determining that there is no genuine issue of material fact regarding the testatrix possessing the requisite testamentary capacity when she executed her will. In re. Estate of Patricia M. Spofford (Me. No. 2025 ME 15, February 11, 2025).
Michael Zani and Peter Zani are the sons of Patricia Spofford, who passed away in June 2020. The Zani brothers are appealing the order of summary judgment entered by the probate court finding that there was no genuine issue of material fact concerning Ms. Spofford’s testamentary capacity when she executed her will in March 2018.
Though the Zanis concede that they have no direct evidence regarding their late mother’s mental capacity on the day she executed her will, they argue that the probate court erred and that there is genuine issue concerning her testamentary capacity. They argue that evidence from before and after the day the will was executed puts Ms. Spofford’s testamentary capacity into serious doubt.
The summary judgment record contains significant evidence of Ms. Spofford’s testamentary capacity when she executed her will, including videos of her executing her will. In the videos it is evident that Ms. Spofford was familiar with the makeup and general extent of her estate, could identify her family members and her relationship to them, knew how she wished to dispose of her estate, and clearly knew whom she wanted to bequeath her property to and whom she wanted to exclude from her estate.
The videos also show Ms. Spofford reviewing her will with her attorney, confirming that the will accurately reflected her wishes, and signing her will in the presence of two witnesses and a notary.
Testimony by Ms. Spofford’s primary care physician further supports the conclusion that she possessed testamentary capacity when she executed her will.
In contrast to the evidence supporting Ms. Spofford’s testamentary capacity, the Zanis’ evidence is too removed from the day her will was executed to create a genuine dispute of material fact, such as the Zanis citing a day a year before Ms. Spofford executed her will in which she displayed abnormal behavior. The Zanis also point to notes from two physicians, including her primary care physician, painting a picture of cognitive impairment.
The court has established that some degree of cognitive impairment, including dementia, does not preclude testamentary capacity. The court has also established that a person under a guardianship and conservatorship, such as Ms. Spofford, may still possess the requisite testamentary capacity to execute a will.
After examining the issue de novo and viewing the evidence in the light most favorable to the Zani brothers, the court concludes that there is no genuine issue of material fact regarding Ms. Spofford possessing the requisite testamentary capacity when she executed her will. Therefore, the court affirms the probate court’s judgment.
Subscribe to the Knowledge Bank.
