Confidential Relationship not Shown

Objectant to will failed to show undue influence in the execution of her mother’s will in favor of her sister’s son when the only evidence of a confidential relationship between her sister and her mother was that her sister had a power of attorney over some (but not all) of her mother’s bank accounts and her sister helped transport her mother to the office of the lawyer who prepared the will and was part of the meeting to review and sign the will, but the mother had other caretakers and the mother discussed the will with the lawyer without participation by the sister, so that there was no evidence of “overmastering influence.”  There was also insufficient evidence of a substantial benefit or a weakened intellect, as evidence of physical pain or infirmity was largely irrelevant.  There was also insufficient evidence of lack of testamentary capacity.  Wiggs Estate, 8 Fid.Rep.3d 10 (Philadelphia Co. O.C. 2017).

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