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
Tag Archives: weakened intellect
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
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
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
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
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
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
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
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
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