In Re: The Estate of Wanda Jeanne Starkey

Decedent’s daughter filed a notice of will contest, challenging a will that disinherited her and her sisters. According to the contestant, decedent attempted to revoke the will by directing an unnamed person to destroy it in her presence. But the unnamed person allegedly tricked decedent and destroyed another document instead. A beneficiary under the will and the administrator of the estate filed a joint motion to dismiss the contest for failure to state a claim upon which relief can be granted. The beneficiary and the administrator argued that the statutes applicable to revocation of wills required that the will actually be destroyed for an effective revocation. The circuit court granted the motion and dismissed the will contest. Upon review, we conclude that the enactment of Tennessee Code Annotated § 32-1-202 did not abrogate the common-law rule that fraud will not defeat revocation of a will. So the contestant did state a claim for relief.