The Two-Witness Will, the Cognitive Decline, and the Life Insurance
Harold, an 82-year-old widower with two adult children, marries Beatrice, who is 55. Eighteen months later, Harold signs a typed will leaving his entire estate to Beatrice and naming her executor. The will says: 'I intentionally make no provision for my children.' Harold signs at the end; two neighbors witness. One witness is Beatrice's brother, Glenn. Harold's estate includes a $600,000 house titled in his name, a $200,000 brokerage account, and a $300,000 life insurance policy naming his children. Harold had mild cognitive impairment; Beatrice drove him to the lawyer, sat in on the meeting, and handled his finances. The lawyer was Beatrice's cousin. After Harold dies, the children challenge the will, claiming undue influence and an intestate share. Beatrice offers the will to probate.
1. Is the will invalid because Glenn, Beatrice's brother, witnessed it?
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No. Pennsylvania's Wills Act, 20 Pa.C.S. § 2502, requires a writing signed by the testator at the end and by two witnesses. It does not require disinterested witnesses. Glenn is not a beneficiary under the will; he is merely the spouse's brother. Even if a witness were a beneficiary, Pennsylvania does not invalidate the will on that ground; the witness's interest may affect credibility or create a presumption, but it is not a formal defect. Glenn's relationship to Beatrice is evidence that the children may use in the undue-influence challenge, but it does not invalidate the will's execution. The will was signed by Harold and two witnesses, so it is formally valid.
2. What must the children prove to establish undue influence, and who bears the burden?
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Pennsylvania uses a three-part test: the contestant must show (1) a confidential relationship between the testator and the beneficiary, (2) the beneficiary received a substantial benefit, and (3) the testator had a weakened intellect. If all three are shown, the burden shifts to the proponent to prove the absence of undue influence. Here, Harold and Beatrice were spouses, which can establish a confidential relationship; Beatrice handled his finances, drove him to the lawyer, and sat in on the meeting; she received the entire estate; and Harold had mild cognitive impairment. The lawyer was Beatrice's cousin, which weakens independent advice. The children have a strong prima facie case. Beatrice can rebut with evidence that Harold received independent counsel, understood the will, and acted voluntarily; the lawyer's testimony and any prior consistent statements will matter.
3. What happens to the life insurance and the probate estate if the will is denied probate?
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The $300,000 life insurance passes by beneficiary designation to the children, outside the will and outside probate. It is not controlled by the will, though it may be included in the augmented estate for an elective-share calculation. The house and brokerage account are probate assets. If the will is denied probate, they pass under Pennsylvania intestacy, 20 Pa.C.S. § 2102. Because Harold is survived by a spouse and issue, Beatrice takes the first $50,000 plus one-half of the remaining estate, and the children take the rest, subject to the exact statutory formula. If the will is upheld, Beatrice takes the probate estate and the children take only the insurance. The children's challenge therefore affects the house and brokerage account, not the insurance.