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
Tag Archives: Testamentary Capacity
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
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
The transfer of more than $6 million to a joint account with the decedent’s wife six years before the decedent’s death was not invalid due to lack of testamentary capacity and was not the product of undue influence, notwithstanding that … Continue reading
Decedent who committed suicide had capacity to execute handwritten codicil in favor of neighbors despite evidence of depression and hoarding, and there was no evidence of a confidential relationship with the neighbors to support a claim of undue influence. Hunter … Continue reading
Appeal from probate denied where testamentary capacity was supported by testimony of attorney who prepared will, subscribing witnesses, and other disinterested parties, and no confidential relationship shown to support allegation of undue influence. Lewis Will, 6 Fid.Rep.3d 123 (O.C. Allegheny … Continue reading
Decedent with multiple residences was found to be domiciled in Pennsylvania, as all of his mail came to his Philadelphia residence and he wished to return there; undue influence was not proved by either direct or indirect evidence, as the … Continue reading
Evidence that decedent had suffered from a mental illness, and was determined to be incapacitated after executing will, was not sufficient to overcome evidence that decedent had testamentary capacity when executing will. Daughter was not in a confidential relationship with … Continue reading
Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary. After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading
Decedent died several weeks after executing a new will that disinherited natural son and deceased daughter in favor of step-son, and the will was probated. In an appeal from probate alleging lack of testamentary capacity and undue influence, the court … Continue reading