Dead Man’s Act Not Waived

Requests by the executors to the surviving spouse for bank statements and life insurance information that were needed for estate administration did not constitute discovery waiving the Dead Man’s Act (42 Pa.C.S. § 5930), and so the surviving spouse was barred from testifying about the validity her prenuptial agreement with the decedent, which prohibited her from electing against the will.  Hipp, Sr. Estate, 8 Fid.Rep.3d 233 (Chester O.C. 2018)

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