THIS ARTICLE IS INTENDED TO SUPPORT THE READER’S AWARENESS AND UNDERSTANDING.  IT IS NOT LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

In Pennsylvania ,  the “weakened intellect” which must be shown in order to establish a prima facie case of “undue influence” need not amount to testamentary incapacity or rise to the level of the lack of capacity.  It is a mind which, in all the circumstances of a particular situation, is inferior to normal minds in reasoning power, factual knowledge, freedom or thought and decision, and other characteristics of a fully competent mentality.  If the intellect of the parent grantor or testator is substantially impaired in comparison to that of the child Will proponent or property beneficiary, it must be regarded as weakened since there could be no equal dealings between the parent and the child.

“Testamentary capacity” exists where a testator has intelligent knowledge of the objects of his/her bounty, the general composition of his/her estate, and what he/she wants done with it. Estate of Reichel, 400 A.2d 1268 (Pa. Super. 1979).   The “weakened intellect” which must be shown in order to establish a prima facie case of undue influence need not amount to testamentary incapacity or rise to the level of the lack of capacity . In re Clark’s Estate, [334 A.2d 628 (Pa. 1975)]; Estate of Glover, 447 Pa. Super. 509 (1996). Thus, although one may have an intelligent knowledge of the objects of his or her bounty , the general composition of his/her estate , as well as what he/she wants done with it, he/she may still yet have a “ weakened intellect” .

A “weakened intellect” is often accompanied by disorientation, confusion, and forgetfulness. Owens v. Mazzei, 847 A. 2d 700 (Pa. Super. 2004)  Confusion, depression and anxiety, a steady decline in health, and issues with withdrawal, disinterestedness and increased memory deficits are all symptoms indicative of a weakened intellect. In re: Estate of Dorothy A. Carratura, No. 2113 of 2010, Memorandum Opinion and Order dated October 16, 2015. “The closest that we can come, therefore, to a definition of weakened intellect is that it is a mind which, in all the circumstances of a particular situation, is inferior to normal minds in reasoning power, factual knowledge, freedom or thought and decision, and other characteristics of a fully competent mentality. It should be viewed essentially as a relative state as the term is applied to cases of undue influence, as these always involve the effect of one intellect upon another; if the intellect of the testator is substantially impaired in comparison to that of the proponent or beneficiary it must be regarded as weakened since there could be no equal dealings between the two parties.” Paolini Will, 13 Fiduc. Rep. 2d 185 (O.C. Montg. 1993) .