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Home→Tags Undue influence - Page 5 << 1 2 3 4 5 6 >>

Tag Archives: Undue influence

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Domicile, Undue Influence, Fraud, Insane Delusions, Forgery, and Testamentary Capacity in Will Contest

Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the … Continue reading →

Posted in Opinions | Tagged Domicile, Forgery, Fraud, Insane delusion, Testamentary Capacity, Undue influence, Will contest

PSERS Beneficiary and Undue Influence

The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Undue influence

Mental Illness not Bar to Testamentary Capacity

Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will.  Daughter was not in a confidential relationship with … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Intestate Heirs Standing in Will Contest and Account of Agent

In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading →

Posted in Opinions | Tagged PEF 5610, Power of Attorney, Undue influence, Will contest

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

No Undue Influence in Beneficiary Designation

Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent.  Applying principles similar to those that apply to wills, … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Undue influence, weakened intellect

Presumption of Undue Influence Overcome

Evidence that the decedent was eighty-nine years old, unable to perform the usual activities of daily living, experienced memory lapses, and exhibited other characteristics of old age and declining mental health were insufficient to overcome presumption of testamentary capacity, but … Continue reading →

Posted in Opinions | Tagged Transfer on death designation, Undue influence

Weakened Intellect not Shown

Proponent of will received substantial benefit under new will because his share of the estate increased from 6% to 35%, and his family’s share increased from 39% to 76%, and proponent had a confidential relationship with the testator, his aunt, … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

No Undue Influence without Weakened Intellect

In  a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails.  Also, the court rejected an amendment to the petition for appeal from the … Continue reading →

Posted in Opinions, Resource Types | Tagged Undue influence, weakened intellect, 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

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