Lizama affirms validity of last will made just days before woman died

The Superior Court has affirmed the validity of a deceased’s will that was questioned by one of the heirs.

Associate Judge Juan T. Lizama granted the admission of Joaquina P. Reyes’ last will into probate as her true last will and testament.

Lizama said he could find no evidence, either extrinsically or intrinsically, to show that the will was tampered with.

“There is continuity between the language and pages of the will and so the court finds that it has not been tampered with. The sequential order of the will is consistent with the development and drafting of a will,” said Lizama in the order he issued a few days before he resigned from the bench on Saturday.

The judge said that even if the witnesses did not read through the will, it does not affect the admissibility of the document.

Court records show that Joaquina Reyes (testator) died on Oct. 14, 2003. Her alleged last will and testament was executed on Oct. 1, 2003.

At the time of execution of the will, Joaquina Reyes divided her property and belongings among her children.

There was a piece of land that she included among her belongings. However, at the time the will was executed, this property had already been given to Brian P. Reyes.

Diana R. Domingo asked the court to admit the will into probate. She also requested to be named administratrix of Joaquina Reyes as the will commands.

Domingo presented three witnesses to testify the validity of the creation of the will.

Brian Reyes asked the court to not allow the admittance of the will based on three flaws: the inclusion of the lot allegedly shows testator Joaquina Reyes didn’t know the objects of her bounty and therefore didn’t have capacity to make a will; the continued illness of the testator; and allegation of later alteration of the original will.

Lizama said that in order to admit a will for probate in the Commonwealth, a proponent must show that the testator was at least 18 years old and of sound mind to make a will and the will must be duly executed.

Lizama said he finds there was sufficient evidence presented to prove the valid execution of this will.

“If the execution was valid, and no duress or coercion is present, then the will should be admitted,” he said.

In order for Mrs. Domingo to prevail, there must be convincing evidence that the will being offered is the same will the decedent executed, he added.

“The court finds that there is convincing evidence that the will being admitted is the last will and testament of the testator,” he said.

Lizama said that based on testimonies of witnesses, Joaquina Reyes, with her daughter, Mrs. Domingo, came to the parking lot of the attorney who drafted the will.

Lizama said there is no evidence that Domingo coerced or make her mother sign the will.

In fact, the judge noted, there was evidence presented that Joaquina Reyes had been to the attorney’s office on more than one occasion.

He said Joaquina Reyes had spoken at length with the attorney on the phone regarding the will and spoke for at least five minutes with the lawyer about the will on the day it was signed.

“Therefore this court finds there was certainly conclusive evidence that she was of sound mind and knew that she was signing her last will and testament,” he said.

Lizama said if the will did have an erroneous inclusion of the property that belonged to Brian Reyes then the court may handle that issue later as that has no bearing on the admissibility of the will.

“The court also is troubled by the handwritten alteration of the administratrix’s name on a piece of evidence as this will wasn’t the one that is being offered into probate,” he added.