Reeves v. Gross
The Third DCA affirmed summary judgment rejecting a grandson's will contest based on alleged lack of testamentary capacity. Applying the post-2021 federal summary judgment standard, the court held that a retained geriatric psychiatrist's records-only affidavit opining the 100-year-old testator suffered dementia with delirium during a three-month window failed to create a genuine issue of fact, because it did not supply a fact-based chain of reasoning rebutting the record evidence of lucidity at the moment of execution.
Key facts
- Grandson brought a will contest challenging the testamentary capacity of his 100-year-old grandmother at the time she executed her will.
- The trial court granted summary judgment in favor of the estate, rejecting the grandson's lack-of-capacity claim based on the evidence presented.
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Why it matters
This is one of the clearer Third DCA applications of the Rule 1.510/Celotex standard to a heightened substantive burden "presumption of testamentary capacity" and shows that conclusory, records-only expert opinions will… — full analysis with a trial
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