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
Tag Archives: Testamentary Capacity
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
Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will. Evans Will, 2 Fid. Rep. 3d 421 (O.C. … Continue reading
Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery. Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.) … Continue reading