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Home→Tags Testamentary Capacity 1 2 >>

Tag Archives: Testamentary Capacity

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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

Will with Larger Gift to Companion Upheld

The decedent’s attorney testified that he had administered a “Mini-Mental Status Exam” to the decedent and that the decedent was “sharp” and “understood what he was doing” when he signed his fourth will providing increasing gifts to his long-time companion, … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Testamentary Capacity of Incapacitated Person

A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Individual retirement account, Testamentary Capacity, Undue influence

Validity of Will Upheld for Lack of Evidence of Undue Influence or Incapacity

Evidence that the decedent ended contacts with friends, stopped speaking to his son, moved to the Poconos, and remarried is not sufficient proof of undue influence by his second wife, lack of testamentary capacity, or fraud in the inducement, and … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Undue Influence by Caretaker Son

Probate of 2007 will was upheld based on testimony of lawyer who met with the decedent on several occasions and prepared the will, as well as the lack of any evidence of undue influence, while probate of a 2013 will … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Incoherent Statement of Issues Warrants Dismissal of Appeal

A pro se appellant’s statement of issues on appeal which was 32 pages long and a “discursive, argumentative, and incoherent rant” violates R.A.P. 1925(b) and should be considered to waive all issues. The appeal should also be dismissed on its … Continue reading →

Posted in Opinions | Tagged RAP 1925, Rules of Appellate Procedure, Testamentary Capacity, Undue influence, Waiver

Forgery, Lack of Testamentary Capacity, and Undue Influence Not Proven

Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the … Continue reading →

Posted in Opinions | Tagged Forgery, Testamentary Capacity, Undue influence

Burden of Proof in Will Contest

Will contest alleging lack of testamentary capacity and undue influence was subject to nonsuit when proponent of will introduced self-proving will that had been admitted to probate and objectant failed to call any witnesses, offering only medical records that were … Continue reading →

Posted in Opinions | Tagged Burden of proof, Testamentary Capacity, Undue influence, Will contest

Probate Denied for Lack of Testamentary Capacity; Family Agreement Rejected

Probate of will and codicil was denied for lack of testamentary capacity that was supported by medical testimony and by evidence that the decedent had shown signs of memory loss and dementia before the execution of the will and trust, … Continue reading →

Posted in Opinions | Tagged Family settlement agreement, Testamentary Capacity, Unclean hands

Attorney-Client Privilege Waived in Will Contest

The beneficiary of a putative will has standing to request a waiver of attorney-client privilege in a dispute over the validity of the will due to lack of testamentary capacity, allegations of fraud in the execution of a note by … Continue reading →

Posted in Opinions | Tagged Attorney-client privilege, Testamentary Capacity

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