If you believe a loved one’s will does not reflect their true wishes, you might be wondering, “Can I contest a will in Pennsylvania?” Understanding the process and grounds for contesting a will can help you decide your next steps. In this post, we break down what it means to contest a will, some of the legal grounds accepted by Pennsylvania courts, and what to expect if you move forward with a challenge.
What Does It Mean to Contest a Will?
Contesting a will means legally challenging the validity of the will presented for probate. When a will is contested, the court examines whether the will meets Pennsylvania’s legal requirements and whether it was created free from undue influence, fraud, or other issues.
Who Can Contest a Will in Pennsylvania?
Generally, only individuals who have a financial interest in the estate — such as heirs, beneficiaries under a previous will, or those who would inherit if the will is invalid — have standing to contest a will.
Common Grounds for Contesting a Will in Pennsylvania
Here are the primary reasons Pennsylvania courts may invalidate or modify a will:
- Lack of Testamentary Capacity: The person making the will (the testator) must understand the nature of their assets and the consequences of their decisions. If the testator lacked mental capacity, the will may be invalid.
- Undue Influence: If someone pressured or coerced the testator into signing the will, this can be grounds for contesting it.
- Fraud or Forgery: If the will was created based on fraudulent information or was forged, it can be challenged.
- Improper Execution: Pennsylvania requires wills to be signed by the testator and witnessed properly. If these formalities are not met, the will may be rejected.
- Revocation: If the testator revoked the will through a later will or document, or by physical destruction of the will, the prior will is invalid.
What Happens During a Will Contest in Pennsylvania?
Will contests are heard in the Orphans’ Court Division of a County’s Court of Common Pleas. The process includes:
- Filing a formal complaint or petition to contest the will
- Discovery, including depositions and document requests
- Court hearings where both sides present evidence
- A judge’s ruling on the validity of the will
How Long Does a Will Contest Take?
The timeline varies depending on the complexity of the case, but it can take several months to over a year before a final decision is made.
What Are the Risks of Contesting a Will?
Contestants may face legal fees and emotional strain. Additionally, if the will contest fails, they may not receive any inheritance, and in some cases, the court may order them to pay the other party’s costs.
How Can an Experienced Pennsylvania Estate Litigation Attorney Help?
Navigating a will contest requires a deep understanding of Pennsylvania law and procedural rules. An experienced attorney can assess your case, guide you through the process, gather necessary evidence, and advocate on your behalf.
If you believe there are valid reasons to contest a will in Pennsylvania, don’t hesitate to seek professional legal advice. Understanding your rights and options early on can make a significant difference in the outcome.
