Arthur L. Rawlings, Jr. v. The John Hancock Mutual Life Insurance Company, et al.

This appeal involves a dispute between a decedent’s estranged husband and brother over the proceeds of a $12,000 life insurance policy. When he discovered that his deceased wife had removed him as the beneficiary of her policy, the husband filed suit in the Circuit Court for Davidson County seeking to invalidate the change of beneficiary form. Following a bench trial, the trial court found that the decedent lacked the capacity to change the beneficiary on her life insurance policy and that the decedent’s brother had procured the change through undue influence. Accordingly, the trial court awarded the decedent’s husband the proceeds of her life insurance policy as well as $350 that his brother-in-law had removed from a joint account using a power of attorney he obtained from the decedent. We have determined that the evidence does not support the trial court’s conclusion that the decedent lacked capacity to change the beneficiary of her life insurance policy and that the decedent’s husband never asserted an undue influence claim in the trial court. Accordingly, we reverse the judgment and remand the case with directions to award the proceeds of the life insurance policy to the decedent’s brother.