In an appeal of a will contest alleging forgery, the appellant waived objections to the propriety of the Orphans’ Court relying on samples of the decedent’s signature that were not formally moved into or admitted into evidence because the court … Continue reading
Tag Archives: Will contest
It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading
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
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
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
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
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
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
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
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