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Home→Tags Will contest 1 2 >>

Tag Archives: Will contest

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Standing of Disinherited Children to Challenge Will

The children of the decedent, as intestate heirs, might not have standing to challenge the probate of a will when there is an earlier will that has not been challenged and which provides no benefit to the children. William E. … Continue reading →

Posted in Opinions | Tagged Jurisdiction, standing, Will contest

Initials Can Be Signature

A holographic will that ended with the initials of the testator was validly signed and was not executed by a “mark” within the meaning of 20 Pa.C.S. § 2502(2). Pedersen, Sr. Estate, 9 Fid.Rep.3d 29 (Monroe O.C. 2018). … Continue reading →

Posted in Opinions | Tagged Signature by mark, Will contest, Wills

Burden of Proof in Will Contest

Will contest alleging lack of testamentary capacity and undue influence was subject to nonsuit when proponent of will introduced self-proving will that had been admitted to probate and objectant failed to call any witnesses, offering only medical records that were … Continue reading →

Posted in Opinions | Tagged Burden of proof, Testamentary Capacity, Undue influence, Will contest

No Genuine Issue of Material Fact in Undue Influence Claim

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 →

Posted in Opinions | Tagged Fruad, Summary judgment, Undue influence, Will contest

Domicile, Undue Influence, Fraud, Insane Delusions, Forgery, and Testamentary Capacity in Will Contest

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 →

Posted in Opinions | Tagged Domicile, Forgery, Fraud, Insane delusion, Testamentary Capacity, Undue influence, Will contest

Intestate Heirs Standing in Will Contest and Account of Agent

In will contest, executor of probated will (and former agent of decedent under a power of attorney) appealed from the trial court’s demurrer of two preliminary objections, arguing that intestate heirs lack standing to contest the will and lack standing … Continue reading →

Posted in Opinions | Tagged PEF 5610, Power of Attorney, Undue influence, Will contest

Executor’s Conflict of Interest for Defending Will

Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading →

Posted in Opinions | Tagged PEF Code 4301, standing, Will contest

Summary Judgment in Will Contest

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 →

Posted in Opinions | Tagged Forgery, Fraud, Summary judgment, Testamentary Capacity, Undue influence, Will contest

Priority of Will Contests in Different States

Son of decedent petitioned for probate in Philadelphia, Pennsylvania, on 11 August 2011 with a 2010 will, and husband of decedent filed a petition for administration in the probate court of Palm Beach County, Florida, on 24 August 2011 with … Continue reading →

Posted in Opinions | Tagged Principle of priority, Will contest

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

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