The “testamentary exception” to the attorney-client privilege would allow the admission of evidence of communications between the decedent and his lawyer in order to carry out the testamentary intentions of the decedent, but the exception will not be extended to … Continue reading
Tag Archives: Contract to will
A photocopy of an alleged contract between a husband and wife not to change their wills was properly ruled to be inadmissable as evidence under the “best evidence rule” of Pa.R.E. 1002 because there was a “genuine issue” as to … Continue reading
A pre-1993 oral contract to make a will was found to have been established by the testimony of the beneficiary’s husband, brother, and nephew, and the beneficiary was found to have substantially performed her obligations under the contract when she … Continue reading
Before dying intestate, decedent orally pledged estate to charitable institution. Court found that the pledge was not enforceable as a charitable pledge, meaning it was an oral contract to will, which was eliminated under PEF 2701. Stein Estate, 4 Fid. … Continue reading