Will Following Bargain Sale Was Not Product of Undue Influence

A will by which a mother left her estate to two of her three children was not a product of influence when the third child failed to produce clear and convincing evidence of weakened intellect, a confidential relationship, and a substantial benefit. The Orphans’ Court applied the correct standard for weakened intellect, and its conclusion that the decedent was active and mentally competent was supported by the testimony of the disinterested lawyer who prepared the will and met with the decedent. Although one of the two brothers who were the beneficiaries of the will was the decedent’s agent under a power of attorney, the court concluded that “there is nothing to suggest that the parties did not deal on equal terms.” Finally, the decedent had left the remainder of her estate to two of her children because the third child had been able to purchase a substantial portion of the family farm at a discount under a deed signed by the decedent only a month before signing the new will. In re: Estate of Regina W. Brown, 733 MDA 2024 (Pa. Super. 5/1/2025) (non-precedential).

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