Master Wants More Facts Determined Before Ruling on the Legality of Late Husband’s Change to His Life Insurance Beneficiary Form and Whether He Lacked Mental Capacity When He Made that Change and When He Executed His Will

Delaware Fiduciary Litigation Blog

Posted May 5, 2020

Lisa Anderson v. Randell Lee Hill, et al., C.A. No. 2018-0449-PWG (May 5, 2020)

       This case involved a spouse’s motion for partial summary judgment based on her claim that her late husband’s change to his life insurance beneficiary form violated the statutory injunction on transferring property during divorce proceedings. Also included in the surviving spouse’s summary judgment motion was the contention that her late husband lacked the requisite mental capacity when he executed his will and changed the above-mentioned beneficiary form.

       The Master recommended that the partial summary judgment motion be denied because material facts remained in dispute which needed to be determined in order to properly apply the law to this case.


William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.