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Home→Tags weakened intellect

Tag Archives: weakened intellect

No Undue Influence by Spouse

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 →

Posted in Opinions | Tagged Joint accounts, Undue influence, weakened intellect

Lack of Cognitive Decline Negated Undue Influence

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 →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

Codicil Was Result of Undue Influence, but Will Was Not.

Daughter who lived with decedent and cared for her received substantial benefits under a 2006 will and 2014 codicil. Despite medical evidence to the contrary, the court determined that the decedent did not suffer from a weakened intellect in 2006, … Continue reading →

Posted in Opinions | Tagged Undue influence, weakened intellect

Evaluating Testimony of Witnesses

In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Donative capacity, weakened intellect

Finding of Lack of Weakened Intellect Reversed

In finding that the testator was “quite lucid” at the time the will was signed and was not suffering from weakened intellect, the Orphans’ Court applied the wrong standard because undue influence is generally a gradual process and the fruits … Continue reading →

Posted in Opinions | Tagged Expert testimony, Undue influence, weakened intellect

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

No Undue Influence in Beneficiary Designation

Dead Man’s Act applies to bar testimony of beneficiaries claiming interest in annuity contract, and was not waived by allegations by executor that beneficiaries had used undue influence over the decedent.  Applying principles similar to those that apply to wills, … Continue reading →

Posted in Opinions | Tagged Dead man's rule, Undue influence, weakened intellect

Weakened Intellect not Shown

Proponent of will received substantial benefit under new will because his share of the estate increased from 6% to 35%, and his family’s share increased from 39% to 76%, and proponent had a confidential relationship with the testator, his aunt, … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

No Undue Influence without Weakened Intellect

In  a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails.  Also, the court rejected an amendment to the petition for appeal from the … Continue reading →

Posted in Opinions, Resource Types | Tagged Undue influence, weakened intellect, Will contest

Undue Influence and Poor English Skills

Nonsuit granted in will contest for fraud and undue influence, because contestant did not establish with a clear and convincing evidence that the decedent’s lack of English skills did not affect mental state for undue influence, when decedent was a … Continue reading →

Posted in Opinions | Tagged Undue influence, weakened intellect, Will contest

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