Many Pennsylvania residents die without a Will. Many will die unexpectedly before they can prepare a Will, but most people simply just don’t get around to writing a Will. If you die without a Will in Pennsylvania, you are said to die “Intestate”, or without testamentary documents. It is not true that if you die without a Will in Pennsylvania that your assets pass to the state. Instead, a set of rules decide who is in charge of your estate and to whom your assets pass.
In some instances, Pennsylvania residents attempt to draft a homemade Will, believing they can clearly and legally express their intentions. Without an in depth knowledge of Will drafting, even clear and simple language can fail as ambiguous. Ambiguity in homemade wills leaves Leaving Pennsylvania Estates open to outcomes contradicting the drafter’s written intent. In order to highlight this point, we will take a look at a recent case before the Delaware County Orphans’ Court where a homemade Will failed and partial intestacy resulted.