It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading
Tag Archives: Confidential relationship
The credible testimony of a reputable attorney who had known the decedent for many years created a presumption of the absence of undue influence. Conflicting testimony as to the health and mental state of the decedent was insufficient to establishe … Continue reading
The petition filed by a daughter challenging the gifts made to the other daughter four years before the mother was adjudicated incapacitated was denied because: (a) The lawyer who had represented and advised the incapacitated person (IP) in 2011 and … Continue reading
Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading
On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading
The testimony of two doctors who diagnosed the decedent as suffering from dementia before and after she executed a “gifting agreement” transferring valuable coins to her son was sufficient to establish weakened intellect, and the testimony of the son showed … Continue reading
Claim of undue influence was properly rejected when Orphans’ Court found that the decedent did not suffer from a weakened intellect and the alleged influencer did not have a confidential relationship with the decedent. Summary judgment on lack of testamentary … Continue reading
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 … Continue reading
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 … Continue reading
Objectant to will failed to show undue influence in the execution of her mother’s will in favor of her sister’s son when the only evidence of a confidential relationship between her sister and her mother was that her sister had … Continue reading