The Bucks County Orphans’ Court recently required the Register of Wills to admit for probate the will of an individual who had been adjudicated partially incapacitated prior to the date of the will and who the court itself had determined did not have capacity to execute a will two years prior to his death. See Trycieki’s Will, 2 Fiduc. Rep. 3d 269 (O.C. Div. Bucks 2012).

As all attorneys know, a person cannot execute a will without having capacity, so hearing the above synopsis may cause attorneys to do a double take. However, the particulars of the case make it clear that the Orphans’ Court’s opinion was correct and worth review by practitioners.

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