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
Tag Archives: Undue influence
Woman who had been diagnosed with Alzheimer’s nine years before, and whose mental capacity had continued to decline, was adjudicated incapacitated and the two daughters who had helped to take care of her and her husband before his death were … 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
Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property. … 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
Daughter and her husband were found to be in a confidential relationship with the decedent because they lived next door to the decedent, had a close relationship with the decedent, the decedent trusted them, and the decedent relied upon them … Continue reading
Probate of after-discovered will was properly denied based on evidence of undue influence. Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs. Trustee of inter … Continue reading
Petitioner (in will contest) claimed fraud and undue influence against decedent’s attorney, who contacted the County Office of Services for the Aging (COSA), after petitioner had solicited the attorney’s help to draft a new will for the decedent but would … Continue reading
Any “testamentary exception” to attorney-client privilege under Pennsylvania law does not apply to a subpoena to the decedent’s attorney in a defense to a challenge to life insurance beneficiary designations alleged to be the result of undue influence. Collautt v. … Continue reading