Will Sustained Against Claims of Lack of Testamentary Capacity and Undue Influence

Objectants to the will failed to prove lack of testamentary capacity by clear, strong, and compelling evidence, and the court sustained the validity of the will despite the testimony of a subscribing witness that she believed that the decedent lacked testamentary capacity and despite the failure of any party to call the notary public as a witness. The objectants also failed to produce clear and convincing evidence that the son who received the residuary estate under the will, and who drafted the will, was in a confidential relationship with the decedent and so so exercised undue influence over his father. Similarly, the woman who arranged for the execution of the will and did cooking and cleaning for the decedent did not appear to be in a confidential relationship. D’Hue Estate, 12 Fid.Rep.3d 1 (Lycoming O.C. 2021).

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