Grounds for Contesting a Will in PennsylvaniaAugust 5, 2024
According to Pennsylvania law, anyone at least eighteen (18) years or older and of sound mind can create a will. With these criteria, you can contest a will only if you have legal grounds to do so. If you do, you’ll have to prove that the will was not legally valid or that it shouldn’t be followed based on other grounds.
Related Post: How to Contest a Will and Win
If you plan on contesting a will, you’ll need the help of an estate planning attorney in Pennsylvania to guide you through the process and make a strong case. The process can be incredibly complicated due to Pennsylvania’s laws for intestate succession (i.e., the distribution of one’s estate when they die without a will) and other complexities that may be found in executing the will. Here is what you need to know:
Who Has Legal Standing to Challenge a Will?
Even if you are confident that a particular will isn’t legitimate, you cannot act on it if you don’t have “legal standing.” To have “legal standing” for a will contest, a person(s)must demonstrate that they will suffer harm or injury if the court honors the will and divides the estate according to its terms.
It’s important to note that familial ties are not strong enough to give you legal standing as your only grounds. In the 2012 case of the Dupont will, the Pennsylvania court ruled that a niece and nephew did not have the standing to challenge their deceased uncle’s will because he had not left them anything in his two previous wills.
Since the intestate succession laws wouldn’t have left them with anything either, they didn’t have much to lose, which is why they had no legal standing.
Grounds for Challenging a Will
Once you and your lawyer have proven that you have standing, you must also demonstrate that you have grounds for challenging a will. The law mandates that the testator, or the person writing their will, must be of sound mind for it to be valid. However, the court may accept other situations as grounds for a will contest.
Such a scenario includes a person who isn’t of sound mind creating a will when his mental capacity has deteriorated to the point that they are unaware of what they are doing. An example of this is someone suffering from dementia writing a will, who may have left out important family members they would have included if they were of sound mind.
Another example is that a person may not be of sound mind to write a will if he is excessively influenced or forced by someone else to write the will in a particular way, like a controlling partner or caretaker. Other reasons for an invalid will include fraud, forgery, or failure to make the will correctly. It can also be invalid if it violates a legally binding contract.
How to Contest a Will
Contesting a will is a significant legal undertaking that requires careful consideration and strategic planning. The process in Pennsylvania is governed by specific legal standards that must be met for a will contest to succeed. Here’s a step-by-step guide on how to contest a will, drawing from the procedures and grounds necessary for success in the state.
Step 1: Identify the Problem
First, assess why you believe the will should be contested. Common reasons include unexpected changes in the distribution of the estate, a beneficiary being left out unexpectedly, or the will not reflecting what you believe were the true wishes of the deceased.
Consider the circumstances surrounding the creation and signing of the will, including the mental state and health of the decedent at the time.
Step 2: Check if the Will Was Accepted for Probate
In Pennsylvania, the will must be presented to the Register of Wills in the county where the decedent resided. This office determines the document’s validity based on whether it was appropriately signed and witnessed and if the named executor is applying to administer the estate.
If the will has been accepted and probate has begun, you will need to act quickly to contest it.
Step 3: Develop a Legal Theory
Once you have identified potential issues with the will, develop a theory on why the will might be invalid. This theory should be based on legal grounds such as lack of testamentary capacity, undue influence, fraud, forgery, or another relevant factor. Having a plausible reason rooted in law is crucial to challenge the will’s validity.
Step 4: Establish Legal Standing
To contest a will, you must have standing. This generally means you would be adversely affected by the will’s execution or would benefit from its invalidation, such as receiving a larger share of the estate under a previous will or by intestate succession (if there were no will at all).
Step 5: Gather Evidence
Collecting robust evidence is crucial. This may include:
- Testimonies from those familiar with the decedent’s state of mind and the circumstances of the will’s signing.
- Medical records showing the decedent’s health condition around the time the will was drafted.
- Expert witnesses who can provide insights into the decedent’s mental capacity or the authenticity of signatures.
- Any other documentary evidence that supports your claim, such as earlier versions of the will.
Step 6: File a Caveat or Appeal
You can initiate a challenge by filing a formal Caveat with the Register of Wills before the will is accepted for probate, preventing the executor from acting until the issue is resolved.
Alternatively, if the will has already been accepted for probate, you must file an Appeal from Probate to contest its validity. This action must be taken within a specific timeframe, usually within one (1) year of the will’s probate.
Step 7: Engage in Legal Proceedings
After filing, the case may go through several phases, including pre-trial conferences, discovery phases where evidence is exchanged, and ultimately, a trial. During these stages, both sides will present their arguments and evidence to support their claims about the will’s validity.
Step 8: Consider the Costs
Contesting a will can be expensive and time-consuming. Costs include attorney’s fees, court costs, and possibly expenses for expert witnesses and obtaining evidence. It’s essential to weigh these factors against the potential benefits of contesting the will.
Work With a Will Attorney in Pennsylvania
Challenging a will without any legal assistance can be tricky, as the burden of proof is very high in these cases. By working closely with an estate planning attorney, you’ll vastly increase your chance of success.
Daley Zucker is a team of experienced estate planning lawyers in Pennsylvania. We specialize in various areas, such as family law, estate planning and administration, administrative law, and more. Contact us today to learn more about how we can help you challenge a will.
