Britain v. Britain (In re Estate of Britain)
Britain v. Britain (In re Estate of Britain)
Opinion of the Court
[¶ 1] Appellant Robert Oscar Britain is the personal representative of his mother, Patricia Ann Britain's, estate. He filed a declaratory judgment claim challenging a codicil to Patricia's will on the grounds she did not have the capacity to execute the will codicil and his sister, Appellee Kelly L. Britain, exerted undue influence over her.
[¶ 2] The district court dismissed Personal Representative Robert's claim, concluding that his challenges to the codicil could not be brought through a declaratory judgment action. We affirm.
ISSUE
[¶ 3] The dispositive issue in this case is:
Whether the personal representative of an estate can bring a declaratory judgment action to challenge a will codicil on the grounds that the testator lacked capacity and/or was unduly influenced.
FACTS
[¶ 4] Patricia passed away on June 13, 2016. She had three children-Robert, Kelly and Cindy Wheeler. Patricia's last will and testament, dated June 3, 2011, was admitted to probate on July 29, 2016. Pursuant to the terms of the will, Robert was appointed as the personal representative and Patricia's estate was to be distributed as follows:
*9801. I give, devise and bequeath all of the Flying A Ranch, Inc. Stock which I own at the time of my death to my son, Robert Oscar Britain.
2. I give[,] devise and bequeath to my daughter, Kelly L. Britain[,] the surface rights to the here[in]after described real property.
The mineral rights to said real property shall be equally divided between my son, Robert Oscar Britain[,] and my daughter, Kelly L. Britain.
[real property description omitted]
3. I give [and] bequeath the sum of $5[,]000 to my daughter[,] Cindy Wheeler.
I hereby give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal[,] and mixed, wheresoever situated, whereof I may be seized or possessed or which I may be in any manner entitled, or to which I may be interested at the time of my death, unto my children, Robert Oscar Britain and Kelly L. Britain, share and share alike and in equal shares.
The will also included an in terrorem or no-contest clause which stated:
ARTICLE SEVENTH
Should any person named herein challenge this Will or contest any provision hereof, to each such person pursuing such challenge or contest I bequeath the sum of One Dollar ($1.00) in lieu of any bequest or devise otherwise provided for such person; provided however, that any proceeding or action [in] the nature of a declaratory action, or for any accounting or for removal of my personal representative for cause shall not for these purposes be deemed to be a challenge or contest of my Will.
[¶ 5] The first codicil to Patricia's last will and testament, dated June 24, 2013, was filed in the district court on August 26, 2016. The first codicil changed the estate distribution as follows:
I give, devise, and bequeath all of the Flying A Ranch, Inc. Stock which I own at the time of my death to be divided equally one half to my son, Robert Oscar Britain, and one half to my daughter, Kelly L. Britain.
[¶ 6] On October 12, 2016, Personal Representative Robert filed a motion for approval of a revised notice of probate, stating that Kelly had produced the first codicil that was filed with the court. He requested the court enter an order approving a revised notice of probate which reiterated the original notice of probate, "except that it is to describe the document entitled First Codicil to Last Will and Testament of Patricia A. Britain ... and providing notice that any action to set aside the Will or First Codicil ... is to be filed in the Court within three months from the date of the first publication of the Revised Notice." The court entered an order approving the revised notice of probate.
[¶ 7] On December 19, 2016, Cindy filed a petition to set aside the first codicil on the grounds Patricia was incompetent to execute the codicil and Kelly had exerted undue influence upon her. Kelly filed a motion to intervene to "answer, move to dismiss and/or defend against" Cindy's petition to set aside the codicil. Personal Representative Robert also responded to Cindy's petition. He generally agreed with Cindy's assertions that Patricia was not competent to execute the codicil and that Kelly was the "primary member of our family attending to" Patricia's care at the time the codicil was signed. He also asserted:
25. I understand that my duty as Personal Representative is to administer the Estate according to Patricia Ann Britain's instructions, the law, and the directives of this Court. Uncertainty as to Patricia's instructions exists by virtue of the Petition of Cindy Wheeler, questions as to Patricia's competency to make a codicil in June 2013, and the Motion and proposed Answer of Kelly Britain. Until the challenge to the First Codicil to Decedent's Will is resolved, aspects of my administration cannot occur.
26. The Uniform Declaratory Judgments Act, W.S. §§ 1-37-101 et seq., empowers the Court to determine the validity of the *981First Codicil, subject to determinations of factual issues as in other civil actions ( W.S. § 1-37-111 ).
27. The possibility of a declaratory action was contemplated by Patricia Ann Britain, as expressed in Article Seventh of her Last Will and Testament of June 3, 2011.
WHEREFORE, as Personal Representative, I ask that the Court determine the validity of the First Codicil to Decedent's Will, subject to determinations of factual issues as in other civil actions, pursuant to the Uniform Declaratory Judgments Act, and to grant the Estate such other and further relief as is warranted under the circumstances.
[¶ 8] The district court granted Kelly's motion to intervene, and she filed a motion to dismiss Cindy's petition to set aside the codicil. Kelly claimed that Cindy did not have standing to challenge the codicil because she was not a "person interested" under the will contest statute-
[¶ 9] Kelly also filed a motion to dismiss Personal Representative Robert's declaratory judgment claim. She argued, in part, that a declaratory judgment action is not an appropriate means of challenging the validity of the will codicil on the grounds Patricia was incompetent or was subject to Kelly's undue influence. The district court held a hearing on Kelly's motion to dismiss and granted it.
STANDARD OF REVIEW
[¶ 10] Kelly claimed that Personal Representative Robert's declaratory judgment claim should be dismissed under W.R.C.P. 12(b)(1) and/or (b)(6). Rule 12 states in relevant part:
(b) How to Present Defenses .-Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject-matter jurisdiction;
....
(6) failure to state a claim upon which relief can be granted[.]
[¶ 11] In considering a dismissal under either Rule 12(b)(1) or Rule 12(b)(6), this Court's role is the same. We conduct a de novo review of the materials that were before the district court. Bush Land Dev. Co. v. Crook County Weed & Pest Control Dist.,
"[T]his Court accepts all facts stated in the complaint as being true and views them in the light most favorable to the plaintiff. ..." Herrig v. Herrig,844 P.2d 487 , 490 (Wyo. 1992) (citation omitted), quoted in Davis v. State,910 P.2d 555 , 560 (Wyo. 1996). Although dismissal is a drastic remedy which should be granted sparingly, a motion to dismiss " 'is the proper method for testing the legal sufficiency of the allegations and will be sustained when the complaint shows on its face that the plaintiff is not entitled to relief.' " Feltner v. Casey Family Program,902 P.2d 206 , 208 (Wyo. 1995) (quoting Mummery v. Polk,770 P.2d 241 , 243 (Wyo. 1989) ).
*982Rissler & McMurry Co. v. State,917 P.2d 1157 , 1160 (Wyo. 1996), cert. denied,519 U.S. 1091 ,117 S.Ct. 765 ,136 L.Ed.2d 712 (1997).
WW Enterprises, Inc. v. City of Cheyenne,
DISCUSSION
[¶ 12] The district court concluded that Personal Representative Robert was not entitled to maintain a declaratory judgment action to address the validity of Patricia's will codicil on the grounds she did not have the capacity to execute the codicil or acted under Kelly's undue influence. The district court interpreted the relevant statutes and determined the statutory procedure for contesting a will is the exclusive means to challenge Patricia's codicil on those bases.
[¶ 13] Resolution of this case requires interpretation of the relevant will contest and declaratory judgment statutes. As we stated above, § 2-6-301 provides the procedure for contesting a will:
After a will has been admitted to probate, any person interested may, within the time designated in the notice provided for in W.S. 2-6-122 or 2-7-201, contest the will or the validity of the will. For that purpose he shall file in the court in which the will was proved a petition in writing containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate be revoked.
In this case, the time for contesting the will was governed by
Upon admission of a will or an estate of an intestate decedent to probate and issuance of letters, the personal representative shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the probate is pending, a notice of admission of the will or estate to probate and of the appointment of the personal representative. The notice shall state that any action to set aside the probate of the will shall be brought within three (3) months from the date of the first publication of the notice or thereafter be barred.
(emphasis added).
[¶ 14] Personal Representative Robert challenged the codicil under the Uniform Declaratory Judgments Act (UDJA), as enacted in Wyoming.
Section 1-37-103:
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by the Wyoming constitution or by a statute, municipal ordinance, contract or franchise, may have any question of construction or validity arising under the instrument determined and obtain a declaration of rights, status or other legal relations.
(emphasis added)
Section 1-37-105:
(a) Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor or person under legal disability, may have a declaration of rights or other legal relations in respect thereto:
(i) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(ii) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(iii) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(emphasis added).
[¶ 15] This Court interprets statutes as a matter of law de novo. State ex rel. Wyo. Dep't of Rev. v. Hanover Compression, LP,
*983TW v. State (In the Interest of JB),
"Where legislative intent is discernible a court should give effect to the 'most likely, most reasonable, interpretation of the statute, given its design and purpose.' " Adekale [v. State ], [2015 WY 30 ,] ¶ 12, 344 P.3d [761,] 765 [ (Wyo. 2015) ] (quoting Rodriguez v. Casey ,2002 WY 111 , ¶ 20,50 P.3d 323 , 329 (Wyo. 2002) ). In light of this objective, we have said:
We therefore construe each statutory provision in pari materia , giving effect to every word, clause, and sentence according to their arrangement and connection. To ascertain the meaning of a given law, we also consider all statutes relating to the same subject or having the same general purpose and strive to interpret them harmoniously. ... When the words used convey a specific and obvious meaning, we need not go farther and engage in statutory construction.
Nicodemus v. Lampert ,2014 WY 135 , ¶ 13,336 P.3d 671 , 674 (Wyo. 2014) citing Estate of Dahlke ex rel. Jubie v. Dahlke ,2014 WY 29 , ¶¶ 36-37,319 P.3d 116 , 125-26 (Wyo. 2014).
Cheyenne Newspapers, Inc. v. Bd. of Trustees of Laramie Co. Sch. Dist. No. One,2016 WY 113 , ¶ 10,384 P.3d 679 , 683-84 (Wyo. 2016).
Blevins v. State,
[¶ 16] A "person interested" can challenge a will under § 2-6-301 on the grounds that the testator was incompetent when she executed the will or someone exerted undue influence over the testator. See, e.g. , Matter of Estate of Meeker,
[¶ 17] The question, then, is whether Personal Representative Robert could ignore the will contest procedure in the probate code and obtain a declaration under the UDJA that the codicil was invalid because Patricia was incompetent to execute it or was under Kelly's undue influence. "The Uniform Declaratory Judgments Act is remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to legal relations, and is to be liberally construed and administered." Section 1-37-114. See also , City of Torrington v. Smith,
The [Uniform Declaratory Judgments] Act grants courts of record ... the power to "declare rights, status, and other legal relations whether or not further relief is or could be claimed." § 1-37-102. The Act allows district judges to construe various kinds of documents, to declare a fiduciary's rights, and to make determinations of water rights disputes. §§ 1-37-103 to -106. The Act even provides that the enumeration of specific kinds of declarations which can be made is not a limitation on a court's power to render a declaratory judgment relating to other kinds of disputes. § 1-37-107.
[¶ 18] Citing the general rule of statutory construction that specific statutes control over general statutes addressing the same subject when they are in apparent conflict, the district court determined that the specific will contest statute provides the exclusive means of challenging a will on the bases of testator incapacity or undue influence and the general provisions of the UDJA could not be used in place of a will contest. Id., ¶ 37,
[¶ 19] The general rule is that, despite the UDJA's broad language regarding determinations of the validity arising under a will (§ 1-37-103) and questions arising in the administration of an estate (§ 1-37-105), a declaratory judgment action "may not be used to determine the validity of a claim that a valid will exists since to do so would subvert the statutory scheme and time limitations established by the state probate law. Similarly, the exclusive method of challenging a will alleged to be invalid on the ground of undue influence is by a will contest action." 22A Am. Jur. 2d Declaratory Judgments § 144 (2018) (footnotes omitted). See also , 26 CJS Declaratory Judgments § 112 (2018) ; Howard Hughes Medical Institute v. Lummis,
[¶ 20] While Wyoming does not have any case law directly addressing whether a will contest is the exclusive means of testing the validity of a will, we have considered similar claims in other contexts. In Rock , this Court was called upon to determine whether electors could challenge election results under the UDJA instead of under the statutes which specifically govern election contests,
[¶ 21] An Ohio court of appeals addressed the exclusivity of a will contest in Davidson v. Brate,
When the several sections of the Declaratory Judgments Act and the Will Contest Act here pertinent are read together, we believe that it must be concluded that the Will Contest Act was designed to provide a special and exclusive remedy for testing, in terms of the essential requisites of age, competency, lack of restraint or revocation, the basic validity of the entire document purporting to be a last will and testament, while the Declaratory Judgments Act is a general remedial statute providing a means of determining less fundamental questions of construction or validity arising under the language of and intrinsic to the will itself. It is clear to us that fundamental issues related to matters extrinsic to the contents of the will and calling into question *985the competence of the entire document-the issue of undue influence-must be raised by contesting the will under R.C. Chapter 2741, whereas issues related to the legal propriety, meaning or effect of the particular contents of the will-whether a clause or paragraph is in violation of the rule against perpetuities-are proper objects of an action for a declaratory judgment.
[¶ 22] Like the election contest statutes, the Wyoming probate code is very clear that, in the absence of a will contest prior to the statutory deadline, any later challenge to the probate of the testamentary instrument is "barred." Section 2-7-201. Additionally,
[¶ 23] The strong language in the probate code differentiates a will contest from the situation presented in Cox v. City of Cheyenne,
[¶ 24] Personal Representative Robert argues that a personal representative can challenge the testator's competence or bring a claim of undue influence under § 1-37-105's language which allows a declaratory judgment action to determine a "question arising in the administration of the estate." He does not cite to any pertinent authority adopting that interpretation of the statutory language. Such an interpretation would undermine the legislature's intent to make a will contest the exclusive means of testing testator competence or issues of undue influence. Additionally, we have surveyed the Wyoming statutes describing the powers and duties of a personal representative in administering an estate and find no mention of a challenge to testamentary instruments. See, e.g ., *986
Administration of an estate involves realizing the movable assets and paying out of them any debts and other claims against the estate. It also involves the division and distribution of what remains.
Black's Law Dictionary (10th ed. 2014). The plain meaning of the provision which allows a personal representative to bring a declaratory judgment action for any "question arising in the administration of the estate" does not include a challenge to the testamentary instruments, themselves.
[¶ 25] Furthermore, if we were to accept Personal Representative Robert's argument that the validity of the will may be challenged in a declaratory judgment action, the probate code's time limits for bringing a will contest would be rendered meaningless. The district court discussed the time limitations applicable to will contests, as follows:
[T]he Court finds Kelly's argument regarding the potential circumvention of the time limitations found within the probate code compelling. Kelly argues that if both the [UDJA] and the will contest statute are deemed permissible ways to challenge the Codicil in this case, then such an interpretation would effectively render the time limits outlined in the will contest statute meaningless since a declaratory judgment action could be commenced at any time. Especially given the facts of this case, the Court is not willing to interpret the [UDJA] in such a manner as to render another statute meaningless.
[¶ 26] Personal Representative Robert argues that allowing the personal representative of an estate to maintain a declaratory judgment action to determine the validity of a will does not undermine the deadlines contained in the probate code. He asserts "[t]he specific time restriction for will contests does not ... preclude the institution of an action for declaratory relief inside of a probate and prior entry of a final decree of distribution." Relying on Lon V. Smith Foundation v. Devon Energy Corp.,
[¶ 27] Undoubtedly, the time of determining the testator's intent is during the probate. However, that does not mean that the validity of a will can be challenged at any time during the probate. Sections 2-6-301 and 2-7-201 specifically provide the appropriate period for challenging the validity of the will based upon lack of capacity or undue influence-within three months after the date of first publication of the notice of probate. If no timely challenge is made to the will, "the probate of the will is conclusive." Section 2-6-306.
[¶ 28] Under Personal Representative Robert's interpretation of the UDJA, the three-month deadline in §§ 2-6-301 and *9872-7-201 and the conclusiveness of probate mandated by § 2-6-306 would be effectively nullified in favor of a court-made limitation which is tied to the final distribution of an estate. We do not interpret statutes in a way which would render any statutory language meaningless. See, e.g. , Wyodak Res. Dev. Corp. v. Wyo. Dep't of Rev.,
[¶ 29] Personal Representative Robert's proposed interpretation would not facilitate the probate code's purpose of promoting expeditious settlement of estates as set out in § 2-7-801:
(a) It is the policy of the state of Wyoming that the administration of estates of decedents be completed as rapidly as possible consistent with due protection of the interests of creditors, taxing authorities and distributees. To effectuate this policy, this code shall be so construed.
(b) The clerk shall maintain a calendar as to each estate opened and shall bring to the attention of the court for appropriate action by the court on its own motion, any failure of any personal representative to meet any time deadlines provided by this code.
(c) The administration of each estate of a decedent shall be completed within one (1) year from the date of appointment of the personal representative unless good cause is demonstrated to the court by a verified report filed by the personal representative, and a court order approving continuance is entered. Failure to comply with this provision may be dealt with by the court by citation for contempt, order of removal and replacement of the personal representative, or any other remedy the court deems appropriate to bring about prompt closing of the estate.
[¶ 30] In Accelerated Receivable Solutions v. Hauf,
"The object of limitation statutes in estate matters is to expedite and facilitate the settlement of estates by providing a procedure whereby the executor or administrator of an estate can wind up the affairs of a decedent in an orderly manner and make distribution of assets as speedily as practicable."
Id., ¶ 24,
[¶ 31] The three-month deadline for contesting wills allows the issue of the validity of the will to be settled early in the probate, furthering the legislative goal that estate administration be completed within one year from the date of appointment of the personal representative. To allow a will challenge under the UDJA any time prior to final distribution of the estate, as advocated by Personal Representative Robert, would add a procedure to the probate code that was not adopted by the legislature and would undermine the legislative goal of promoting the orderly and timely settlement of estates. We, therefore, conclude that a timely will contest is the exclusive means of challenging the probate of a will on the bases of testator incompetence or undue influence.
[¶ 32] We recognize that our precedent allows a declaratory judgment action in some circumstances even when there are other adequate remedies at law. For example, in Rocky Mountain Oil & Gas Ass'n v. State,
Accordingly, where the relief desired is in the nature of a substitution of judicial decision for that of the agency on issues pertaining to the administration of the subject matter for which the agency was created, the action should not be entertained. If, however, such desired relief concerns the validity and construction of agency regulations, or if it concerns the constitutionality or interpretation of a statute upon which the administrative action is, or is to be, based, the action should be entertained.
[¶ 33] Declaratory judgments do, of course, have a place in estate administration. When a question arises as to the meaning or validity of a certain provision of a will or how to interpret or implement the distribution plan, any person interested under the will or a fiduciary may bring an action under § 1-37-103 or § 1-37-105 for a declaratory judgment in that regard. That is what happened in Estate of Rhoades,
[¶ 34] As we noted above, Davidson,
[¶ 35] Personal Representative Robert is not seeking interpretation of Patricia's *989will and/or the codicil or a determination of a question arising in the administration of the estate. He is seeking a declaration that the codicil (part of the testamentary instruments he is supposed to be administering) is invalid because Patricia lacked testamentary capacity or was under Kelly's undue influence. In other words, he is seeking to have the probate of the codicil revoked. The validity of the codicil as a testamentary instrument is precisely the type of issue that would be litigated under the will contest statute if a person interested properly brought such a claim.
[¶ 36] Finally, Personal Representative Robert argues that the district court's refusal to allow a declaratory action under these circumstances undermines Patricia's intent as expressed in Article Seventh of her will, which we quote here again for convenience:
Should any person named herein challenge this Will or contest any provision hereof, to each such person pursuing such challenge or contest I bequeath the sum of One Dollar ($1.00) in lieu of any bequest or devise otherwise provided for such person; provided however, that any proceeding or action [in] the nature of a declaratory action, or for any accounting or for removal of my personal representative for cause shall not for these purposes be deemed to be a challenge or contest of my Will.
[¶ 37] Initially, we note that a testator cannot mandate that the courts provide a remedy that is not allowed by statute. See generally , Schmitz v. Dep't of Workforce Servs.,
[¶ 38] However, Patricia also wanted to provide a means of seeking a declaration of rights under her will without risking loss of inheritance. The UDJA provides a method for the personal representative or interested person to obtain a declaration of the meaning of terms of the will and/or other questions which may arise in administration of the estate under the will and codicil. Sections 1-37-103 and 105. Our decision here gives proper effect to Patricia's intent to discourage a will contest while allowing a declaratory judgment action on any question involving administration of the estate.
CONCLUSION
[¶ 39] The district court properly dismissed Personal Representative Robert's declaratory judgment action. A will contest is the exclusive method of testing the validity of a will when there are questions about the testator's competence and/or undue influence. A declaratory judgment action is not available to contest a will because it would undermine the probate code's purpose of settling estates in a timely and orderly fashion. Moreover, requiring a challenge to Patricia's will codicil be made through a statutory will contest and within its deadlines is in harmony with Patricia's intent as expressed in the in terrorem clause of her will.
[¶ 40] Affirmed.
Because many parties have the same last name, we will refer to them by their first names.
When Patricia executed the will, her husband, Oscar, was alive, and she named him as the personal representative and primary beneficiary of her estate. However, Oscar predeceased Patricia, so we recite the terms of Patricia's will which address that contingency.
Personal Representative Robert also filed a motion to have the issue certified to this Court pursuant to W.R.A.P. 11. By granting Kelly's motion to dismiss, the district court obviated any need to certify the issue.
The district court and Kelly also cite to Dimuccio v. D'Ambra,
Rhoades,
Reference
- Full Case Name
- In the MATTER OF the ESTATE OF Patricia Ann BRITAIN, Deceased: Robert Oscar Britain, as Personal Representative of the Estate of Patricia Ann Britain, (Petitioner) v. Kelly L. Britain, (Respondent).
- Cited By
- 14 cases
- Status
- Published