In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading
Daniel Evans
The Orphans’ Court found that the witnesses who testified to the decedent’s signature on the disputed will were credible, and that factual finding was binding on the appellate court. The finding by the Orphans’ Court that the appellant had knowingly … Continue reading
The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to … Continue reading
The following chart shows the status of legislation introduced in the 2023-2024 session of the Pennsylvania legislature that might be of interest to estate and trust practitioners. Click on the bill number to see the history or text of the … Continue reading
York County has published new fee schedules for its Register of Wills and Clerk of the Orphans’ Court. “Fee Bill for the Office of the Register of Wills; No. 6724-8888” (12/17/2024), 55 Pa.B. 23 (1/4/2025); “Fee Bill for the Office … Continue reading
It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading
In an action by a lawyer for the collection from an estate of contingent fees owed by the heirs for representation in a will contest, the heirs had standing to appeal from the decisions of the Orphans’ Court but the … Continue reading
The Orphans’ Court had jurisdiction in a dispute over a provision in a will directing that the testator’s wife “remain on the payroll” of a corporation he controlled, and the dispute did not become moot by reason of the wife’s … Continue reading
It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading
The issuance of two checks by the decedent payable to himself and endorsed in blank was insufficient to establish gifts to the depositor of the checks when there was no evidence of the relationship between the decedent and the depositor, … Continue reading