Lack of Cognitive Decline Negated Undue Influence

In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their interests in his estate increased from about 40% of his estate and financial accounts to all of his estate and 64% of his accounts, which was a substantial benefit, but that neurological evidence showed that the decedent did not suffer from a weakened intellect, and so the disputed documents and transactions were not due to undue influence. Gandolfo Domenico Nicchi Estate, 12 Fid.Rep.3d 102 (Bucks O.C. 2021).

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