WILL INVALID WHEN EXECUTED UNDER UNDUE INFLUENCE

• Friday, December 28, 2018
• Category: Wills, Trusts and Estate Litigation

Clear and convincing evidence indicated that a will was executed under undue influence and while the testator suffered from a weakened mental state. The court affirmed the order declaring the will invalid.

This case involved the will of decedent, Gary Lee Laughman, Petitioner, the niece of decedent, filed a petition contesting the probate of decedent’s will. That will left decedent’s entire estate to another niece, petitioner’s older sister and the appellant in this case. Petitioner claimed the will was executed by decedent with the undue influence of appellant. The court agreed with petitioner and it entered an order stating that decedent’s will was executed as the result of undue influence. Appellant then filed this appeal.

At the time the will was executed, decedent was suffering from a serious lower extremity infection which had turned gangrenous. Medical testimony indicated that decedent was confused and in an altered mental state due to this extensive infection. In fact, decedent’s doctor testified that the infection created such an altered mental status that decedent was not competent to make any medical or personal decisions. Another doctor testified that decedent had been in a delirium since his admission to the hospital and was not verbally responsive during his time at the facility.

Decedent’s only heirs were petitioner, appellant and a nephew. The medical records listed appellant as decedent’s only emergency contact. Appellant claimed she acted under a medical power of attorney, but the record contained no paperwork corroborating this. The notary public who notarized decedent’s will testified that the will had been prepared by appellant, and the two witnesses to the signing of the will were hospital employees.

Appellant herself testified at the hearing that she asked decedent whether he had a will, and when he indicated he did not, appellant filled one for him, leaving all of decedent’s property to her, even though decedent had another niece and nephew. Appellant admitted that while decedent was at the hospital, he was on 18 different medications and was “out of it most of the time,” but she maintained decedent was clear headed on the day he signed the will.

On appeal, appellant claimed the court committed an abuse of discretion or error of law in concluding that she exerted undue influence over decedent. The court found ample evidence of a confidential relationship with decedent, and that decedent suffered from a weakened intellect at the time he made the will in favor of appellant. Additionally, appellant was the scrivener of the will in question. Because clear and convincing evidence supported the finding of undue influence, the court held the order should be affirmed.

Reference: Digest of Recent Opinions, Pennsylvania Law Weekly, 41 PLW 674, July 17, 2018, In re Estate of Laughman, PICS Case No. 18-0816 (C.P. Adams May 29, 2018) Wagner, J.

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