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Home→Tags Testamentary Capacity - Page 2 << 1 2 3 >>

Tag Archives: Testamentary Capacity

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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

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

Joint Account with Wife not Product of Undue Influence

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Testamentary Capacity, Depression, and Suicide

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Evidence Supports Testamentary Capacity and Lack of Undue Influence

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

Domicile, Undue Influence, Fraud, Insane Delusions, Forgery, and Testamentary Capacity in Will Contest

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 →

Posted in Opinions | Tagged Domicile, Forgery, Fraud, Insane delusion, Testamentary Capacity, Undue influence, Will contest

Mental Illness not Bar to Testamentary Capacity

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 →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence

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