John Wesley Bays v. Kristie D. Kiphart Individually and as Trustee of the Demand Right Irrevocable Trust for Bryce A. Bays

OPINION OF THE COURT BY

JUSTICE NOBLE

This case presents the question whether a dying spouse’s decision to remove the surviving spouse as a life-insurance beneficiary and to name someone else can constitute fraud on the surviving spouse’s statuary elective share. Like the Court of Appeals, this Court concludes that it cannot.

I, Background

John Wesley Bays and Carole Kiphart married in 2000. They had one child, Bryce Bays. In 2001, John and Carole executed reciprocal wills. Carole was a physician and had a substantial income.

In 2000, Carole obtained a life-insurance policy through Prudential…