August 9, 2012
Authored by: Luke Lantta
Let’s just jump right into this one: in 2010, a Houston County, Georgia jury declared that a Will and a Revocable Trust executed by Thomas Hines, Sr., in 2002 were invalid, as they were the product of undue influence.
In Davison v. Hines, the Georgia Supreme Court affirmed the jury verdict. The reason we just jumped right into the discussion of this case is because undue influence cases are fact-intensive. So, let’s look at the facts that supported the verdict.
– Thomas’s 2001 will left the bulk of his estate to his wife for her life, and upon her death, divided the estate equally between his sons. Thomas’s 2002 will, however, gave Steve Davison and his wife, Deborah, control over Thomas’s assets and estate. Deborah was a granddaughter of Thomas.
– In December 2001, although Thomas didn’t want to move from his home,