Mental Illness not Bar to Testamentary Capacity

Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will.  Daughter was not in a confidential relationship with decedent, did not receive a substantial benefit, and her involvement in preparing will was not undue influence.  Rossi Estate, 4 Fid.Rep.3d 297 (Wyoming Co. O.C. 2014).

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