Forgery, Lack of Testamentary Capacity, and Undue Influence Not Proven

Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the decedent sign the will.  Evidence of physical weakness, and of some episodes of delirium and short-term memory loss, were insufficient to show lack of testamentary capacity or weakened intellect for purposes of undue influence.  The existence of a confidential relationship was also not proved when there was no evidence that the long-time friends who benefited from the will ever made any decisions for the decedent or ever managed his money.  Estate of Barnabas Roczey, 8 Fid.Rep.3d 253 (Monroe O.C. 2018).

Print Friendly, PDF & Email

Comments are closed.