Probable Cause for Will Contest despite Compulsory Nonsuit

The contestant to a will had probable cause to challenge the validity of the will, based on her personal knowledge of the testator’s health issues and the dramatic change the testator made in her last will, and so the contestant did not forfeit her share of the estate under in terrorem clause in the will even though the will contest had been dismissed by a compulsory nonsuit.  It was also not an abuse of discretion or a violation of due process for the court to refuse to allow the proponent of the will to introduce additional evidence on the issue of forfeiture after the trial was concluded and the nonsuit had been granted.  Powell Estate, 8 Fid.Rep.3d 147 (Philadelphia Co. O.C. 2018), on appeal, 340 EDA 2018 (Pa. Super.)

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