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Home→Tags Testamentary Capacity - Page 3 << 1 2 3

Tag Archives: Testamentary Capacity

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Summary Judgment in Will Contest

Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary.  After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading →

Posted in Opinions | Tagged Forgery, Fraud, Summary judgment, Testamentary Capacity, Undue influence, Will contest

Undue Influence and Lack of Testamentary Capacity

Decedent died several weeks after executing a new will that disinherited natural son and deceased daughter in favor of step-son, and the will was probated.  In an appeal from probate alleging lack of testamentary capacity and undue influence, the court … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence, Will contest

Testamentary Capacity and Undue Influence in Change of Estate Plan

Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will.  Evans Will, 2 Fid. Rep. 3d 421 (O.C. … Continue reading →

Posted in Opinions | Tagged PEF 3132(1), PEF 3132.1(a), PEF 908(a), Testamentary Capacity, Undue influence, Will contest

Testamentary Capacity Directly After Surgery?

Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery.  Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.) … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence, Will contest

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