Probate Denied for Lack of Testamentary Capacity; Family Agreement Rejected

Probate of will and codicil was denied for lack of testamentary capacity that was supported by medical testimony and by evidence that the decedent had shown signs of memory loss and dementia before the execution of the will and trust, including an impulsive marriage and divorce (which was carried out by a guardian at litem).  The incorporation of family settlement agreements into the decree of probate was denied under the doctrine of unclean hands because the agreements were obtained by the decedent’s brother to the detriment of the decedent’s daughter and grandchildren, and with the assistance of lawyers having conflicts of interest.  An independent lawyer was therefore appointed to be the administrator of the estate.  Hughes Estate, 8 Fid.Rep.3d 175 (R.W. Cumberland Co. 2017).

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