The Basics of a Will Contest

From Our “Ask a Question” Mailbag: “Can you explain the basics of a will contest?”

The Basics of a Will Contest

As long as there have been Wills, there have been Will Contests. If someone doesn’t like what a Will says, they immediately consider how to challenge the Will and change the terms.

A Will Contest is a legal challenge asking a judge to declare a Will submitted to the county invalid. There is a specific court for these challenges in New Jersey and Pennsylvania, and only a few lawyers focus their entire practice on this unique area of the law. Like all legal matters, there is a statute of limitations, so a challenge must be brought within a specific time. A will contest must also state a specific theory of why the judge should find the will invalid. You cannot ask the judge, “Please find the Will invalid.” You must spell out the specific facts and theory. Then, at the trial, present adequate evidence using the appropriate rules of evidence and court.

Common Theories Used to Challenge a Will.

In a contest, you must have a theory for the judge as to why the Will is not valid. Here are some short introductions to the most common theories. 

Lack of Testamentary Capacity: The person signing the Will didn’t have the legal capacity to sign a valid Will. For example, the person had Alzheimer’s and no longer remembered their family.

• Follow this link to learn more about a Will Contest based on Lack of Capacity.

Undue Influence: Somone improperly influenced the person so that they signed a Will they otherwise would not have signed. For example, a child is providing health care for her mother and threatens to leave her mother if she doesn’t give all her assets to the caregiver, excluding the other siblings.

• Follow this link to learn more about a Will Contest based on Undue Influence.

Fraud for Forgery: The Will was forged or tampered with. For example, a page was removed and replaced with one that favors one son.

• Follow this link to learn more about a Will Contest based on Forgery.

Improper Execution: Each state has specific rules about how a Will must be signed or “executed.” This is a challenge that attempts to prove that the Will in question was not done according to these rules.

Our Will Contest Team:

If you decide to have our Will Contest Law Firm represent your challenge, you will work with Attorney Glen Ridenour and his team. The team includes Will Contest Lawyer Brynne MacDonnell and Will Challenge Attorney Brian Perez. Will Contests are What We Do. We do not dabble in other areas; we focus on estate-related litigation.   

Want to Read More about Will Contests?

This Blog is just a quick introduction to What You Need to Know about Contesting a Will in Pennsylvania. To learn more, follow this link to my website’s pages entitled Will Contests and Challenges, Everything You Need To Know.

In Conclusion, The Basics of a Will Contest Explained.

I hope you found this short article on The Basics of a Will Contest. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate needing our help. Let our Pennsylvania Will Contest Lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. 

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

It’s What We Do!

Tags: Will Contest, Will Contest Attorney, Will Contest Lawyer, Will Contests