Charles S. Chapin and P. Craig Silva recently prevailed at the Wyoming Supreme Court on an appeal from the 7th Judicial District Court. The case is titled In the Matter of the Estate of Patricia Ann Britain v. Kelly L. Britain, 425 P3d 978 (Wyo. 2019). The case involved a Will Contest, wherein the personal representative sought a declaratory judgment, seeking to set aside a codicil under the Declaratory Judgment Act for undue influence and competence. The district court granted Mr. Chapin’s and Mr. Silva’s motion to dismiss, filed on behalf of the client. The Wyoming Supreme Court affirmed holding that, as a matter of first impression, a timely will contest is the exclusive means of challenging the probate of a will, on the basis of the testator’s incompetence or undue influence not being a declaratory judgment action.
