No Undue Influence without Weakened Intellect

In  a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails.  Also, the court rejected an amendment to the petition for appeal from the Register because of statute of limitations; New Jersey’s element for undue influence of “suspicious circumstances” could not be imported to Pennsylvania law; and even if imported, an ethical violation by a lawyer for representing a client against a former client (which the court found did not happen) does not invalidate a will.  Cremers Will, 3 Fid. Rep. 3d 152 (O.C. Chester 2012) (Opinion by Hall, J.)

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