Examples of Will Contest Situations

 

From Our “Ask a Question” Mailbag: “Please give me Examples of Will Contest Situations.”

Examples of Will Contest Situations:

Undue Influence.

• Mr. Philadelphia suffers from cancer and has been through a prolonged, painful medical treatment.  He is in pain and takes powerful pain-killing drugs that leave him disoriented. He has relied on his son, Wayne, to help him get to his medical appointments, as his daughter, Doylestown, lives in California. Wayne informs Mr. Philadelphia that unless he changes his Will to give Wayne the Cape May County beach house, he will no longer help Mr. Philadelphia. Further, he tells Mr. Philadelphia that if he tells Doylestown about the change, he will also stop providing help.  Feeling pressure and desperate, Mr. Philadelphia changes his Will from giving his children equal shares of the Cape May County house. He gives the entire home to Wayne. Mr. Philadelphia dies. Doylestown has a challenge to this Will based on Undue Influence.

Lack of Capacity.

• Mrs. Cherry Hill suffers from dementia. Though the condition has advanced, she still understands where her bank accounts are.  Further, she knows her family and comprehends the significance of her Will.  She has become forgetful but can pay her bills. Mrs. Cherry Hill decides to leave a cash gift to her long-time boyfriend, Princeton, in her Will. She contacts her Estate Planning lawyer, who makes the change. At Mrs. Cherry Hill’s death, her son, Camden, is angered by the gift. He wishes to challenge the gift in a Will Contest. Camden’s challenge will fail. Mrs. Cherry Hill had dementia, but she had the capacity to make a Will change.

Forgery.

• Mr. Jenkintown died without any known Will. At first. Months after his death his daughter, Willow Grove, announced she had found a Will giving the entire estate to herself. Mr. Jenkintown’s son, Plymouth, would have received half the estate if there was no Will. He has his Will Contest Lawyer challenge the Will as a forgery. A handwriting expert testifies that the signature is not Mr. Jenkintown’s.
• Further, Mr. Jenkintown’s CPA testified that he was familiar with the true signature, and believes it false.  Plymouth’s Will Contest Attorney also submits some other documents showing Mr. Jenkintown’s true signature, which differs from the Will.  Willow Grove is examined on the stand, and her story of finding the Will is not believable. The Orphans’ Court judge hears all the testimony and finds the Will a forgery.

Follow this link to learn more about Will Contests.

In Conclusion: Examples of Will Contest Situations.

I hope these Examples of Will Contest Situations were useful. We are always happy to brainstorm with you about your own, unique situation. 

Let our Will Contest Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our Will Contest Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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