The Orphans’ Court had jurisdiction to consider the probate of a lost will after letters of administration had been issued to the decedent’s daughter, and even though the Register of Wills had never acted on a petition to probate the … Continue reading
Tag Archives: Lost wills
The Orphans’ Court properly found that the burden of proof was on the surviving wife, as the surviving owner of property conveyed to her and the decedent by the decedent in a 2006 deed, as to whether the deeds to … Continue reading
The proponent of a photocopy of a will failed to prove that the contents of the photocopy were substantially the same as the missing original. In re: Estate of John Brumbaugh, 2017 PA Super 287 (9/6/2017). … Continue reading
Evidence that decedent believed he had provided for his daughters during his lifetime, that decedent did not contact his attorney about preparing a new will or speak to any other attorney about a new will, and that the decedent had … Continue reading
Probate of copy of will upheld, even though will was in the possession of the testator and presumed to have been destroyed with the intention of revoking it, based on the credible testimony of two disinterested witnesses that interested parties … Continue reading
The execution and validity of a lost will must be proved by two witnesses, who need not testify as the contents of the will. The contents of the will must be proved by clear and convincing evidence. Estate of Wilner, … Continue reading