Gunnells v. Harkness

847 S.E.2d 97 (2020)

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Gunnells v. Harkness

South Carolina Court of Appeals
847 S.E.2d 97 (2020)

  • Written by Angela Patrick, JD

Facts

Helen Gunnells was married to Arden Gunnells, and they had three children: Glenn Gunnells (defendant), Belinda Davis, and Cathy Harkness (plaintiff). Helen’s original will left her estate to Arden or, if he died first, equally to their three children. A few months before Arden died, Glenn moved in with his parents to help care for Arden. Helen’s daughters and friends testified that Glenn began restricting their contact with Helen and Arden. After Arden died, Glenn changed the locks, installed security cameras, and made it difficult for Helen’s daughters and friends to visit or speak with her. Helen told one friend that even though Cathy was about to have surgery, Helen would not call Cathy because Glenn did not like her doing so. One month after Arden’s death, Glenn arranged for Helen to meet with an attorney and revise her will. The new will left her entire estate to Glenn. Helen later told a friend that she had not wanted to make the new will but felt she had no choice. Helen died six months later. After Glenn submitted the new will for probate, Cathy filed a petition challenging it as the product of undue influence. The probate court held an evidentiary hearing and agreed. The court voided the new will and reinstated Helen’s prior will. Glenn appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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Casebooks

Wills, Trusts, and Estates

Key Terms

  • Circumstantial EvidenceEvidence that tends to prove an asserted fact by proving other events or circumstances that, according to common human experience, usually or always attend the asserted fact, thereby supporting an inference that the asserted fact is true.
  • Undue InfluenceThe use of persuasion, a special relationship, or a position of power to induce another to enter into a contract or agreement.
  • Testator/TestatrixA decedent who dies testate, i.e., with a will. A female testator may be referred to as a testatrix.
  • Testamentary dispositionThe manner in which, upon a person’s death, she wishes for some or all of her assets to be disposed.

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