Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

How to Contest A Will and Win

Posted on Wed Sep 25, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “My brother coerced my mother into changing her will giving him the entire estate. Can you explain how to contest a will and win?”

How to Contest A Will and Win

Will Contest Lawyer, Glen Ridenour.

How to Contest A Will and Win.

Our Will Contest Attorneys regularly represent clients in challenging wills and trusts. Why use an attorney that only handles these matters part-time?

Typically, these disputes contest the will’s validity as a result of undue influenceforgeryfraud, or lack of testamentary capacity.

Our years of experience focusing on these challenges allow us to explain these complex matters to clients in a simple, direct fashion. We work with clients to analyze the case’s strengths and weaknesses and to arrive at a plan of attack or defense that is in your best interest.

Having an experienced attorney advise you is an important step in a successful will challenge.

Can I Contest A Will?

The initial step in How to Contest A Will and Win is determining if you have the legal right challenge the will. To succeed, you must file the challenge within the Statute of Limitations period and be an Interested Party.

Only people who have been damaged by the Will can challenge the Will. An Interested Party is someone who can demonstrate harm has resulted from the Will.

For example, if the new Will gives a vacation home to your sister instead of being divided between your sister and you, then you are an Interested Party. But, if the new Will gives a vacation home to your sister and the prior valid Will gives the vacation home to your brother, your brother is an Interested Party, but you are not.

What Is the Procedure?

The heart of a Will Challenge is the belief that the offered Will does not reflect the testator’s actual intent or that the Will is otherwise invalid. A Will Contest begins with a formal objection to the validity of a Will. We file these legal objections in specific locations, such as the Register of Wills, Surrogate, or the Orphans’ Court. Specific procedural rules govern Will Challenges, and failure to follow these standards can lead to the case’s dismissal. It is of vital importance to correctly craft and file the initial Will Challenge Petition. If filed incorrectly, crucial issues might be later barred.

More Detail.

For more detailed information about How to Contest A Will and Win, see my page “Will Contests for Non-Lawyer.”

In Conclusion: How to Contest A Will and Win.

I hope you found this short article about How to Contest A Will and Win helpful. I have also included some links for more detailed information. If you are curious about pursuing a Will Contest, contact us and let our Will Contest Lawyers help walk you through what can be a confusing process. In fact, feel free to contact our office for a free consultation.

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

It’s What We Do!

Tags:

Glen Ridenour, Will Challenge Attorney, Will Contest, Will Contest Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Linda F.

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Klenk Law Logo
Stars

Rachel Roney

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Klenk Law Logo
Stars

Kevin K.

I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

Klenk Law Logo
Stars

Gene Link

Knowledgeable lawyers, helpful attitude, fair fees.

Klenk Law Logo
Stars

Rocco D.

I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.

Let us put our expertise to work for you.

Free consultation within 24 hours.