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Home→Tags Confidential relationship

Tag Archives: Confidential relationship

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 … Continue reading →

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

Will Sustained Against Claims of Lack of Testamentary Capacity and Undue Influence

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 →

Posted in Opinions | Tagged Confidential relationship, Testamentary Capacity, Undue influence

Confidential Relationship not Shown

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 →

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

Annuity Was Result of Undue Influence

Daughter and her husband were found to be in a confidential relationship with the decedent because they lived next door to the decedent, had a close relationship with the decedent, the decedent trusted them, and the decedent relied upon them … Continue reading →

Posted in Opinions | Tagged Confidential relationship, 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

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