On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading
Tag Archives: Undue influence
The testimony of two doctors who diagnosed the decedent as suffering from dementia before and after she executed a “gifting agreement” transferring valuable coins to her son was sufficient to establish weakened intellect, and the testimony of the son showed … Continue reading
Claim of undue influence was properly rejected when Orphans’ Court found that the decedent did not suffer from a weakened intellect and the alleged influencer did not have a confidential relationship with the decedent. Summary judgment on lack of testamentary … Continue reading
Although the decedent’s business advisor received no direct benefit from the decedent’s will (which named him as the executor and testamentary trustee), he received a collateral benefit from being named the trustee of a discretionary charitable trust, and so a … Continue reading
Challenges to the validity of a revocable trust must be made by a petition to the Orphans’ Court, and not by an appeal from the probate of the will of which the trust is a beneficiary, and so the appeal … Continue reading
Although the decedent’s spouse had a confidential relationship with the decedent through her increasing control over the decedent’s business affairs, there was insufficient evidence of a weakened intellect and so the claims of undue influence over two lifetime transactions was … Continue reading
A will which directed the executor (who was the decedent’s long-time companion and later spouse) to distribute the residue of his estate “according to my wishes” would result in a distribution by intestacy, and so a later will which left … Continue reading
In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their … Continue reading
Objectants to will failed to produce any evidence of lack of testamentary capacity when the will was signed, but produced evidence of a power of attorney establishing a confidential relationship, that the proponent of the will received a substantial benefit … Continue reading
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