Undue Influence by Spouse

A will which directed the executor (who was the decedent’s long-time companion and later spouse) to distribute the residue of his estate “according to my wishes” would result in a distribution by intestacy, and so a later will which left the residue to the spouse was a substantial benefit. There was conclusive evidence that the decedent suffered from a weakened intellect before executing the new will, and that the decedent’s spouse influenced and controlled the decedent’s decisions, and that the new will was the product of the spouse’s undue influence. Roscher Estate, 12 Fid.Rep.3d 151 (Berks O.C. 2021).

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