I noticed an interesting comment in an opinion from the Fiduciary Reporter:

[A]n agent under a power of attorney does not have the power to execute a testamentary document on behalf of his or her principal. This concept is axiomatic – so much so that we can find and were cited to no Pennsylvania cases that spell it out, although numerous legal treatises, commentaries and interest blogs and commentaries affirm it.

Pendergrass Will (O.C. Div. Montgomery) 30 Fiduc. Rep. 2d Nov. 2010 (emphasis and italics added).

The judiciary is now citing to blogs!

Maybe it’s time to start one.


Discuss Your Situation

Call

412-531-7123

Contact Us Online

Related Posts

Who has capacity to make a will?

Who has capacity to make a will?

Fundamental to the validity of any last will and testament is that the testator (person whose will it is, and who is signing the documents) had capacity at the time of execution. By statute, a testator in Pennsylvania must be “of sound mind” to make a will. (20 Pa....

Share This