The Process of Challenging a Will

From Our “Ask a Question” Mailbag: “Can you explain the process of Challenging a Will?”

The Process of Challenging a Will

Will Contests are legal proceedings in specific, specialized courts that follow particular rules. This short article is a quick introduction to some of these concepts, and there is a link at the end if you want to know more.

Standing

Not just anyone can file a Will Contest. You must prove that you have a “dog in the fight.” If the Will you Challange is found invalid, you must have more money in your pocket than you would otherwise. If you don’t improve your financial status, you don’t have “standing.” Typical people who have standing are family members or people mentioned in the prior Will.

Court Hearings

The initial step in a Will Contest is the filing of the challenge. Immediately thereafter, the judge will begin scheduling hearings. At the first hearing, the judge usually authorizes discovery. This may include depositions, interrogatories, and subpoenas for documents. Depending on the case, you may also need expert witnesses. 

The burden of proving the case falls mainly on the challenger. You have made a claim; now you must prove it. You may need to gather and then submit medical records, deed filings, private documents, and maybe even Facebook entries.  

Some areas require expert testimony—handwriting experts, forensic accountants, and doctors. To admit medical records, a doctor must often testify. Accountants and CPAs are essential if the case involves complex financial transactions. A handwriting expert’s testimony will be required if the challenge is based on forgery.

Preparation must be completed if the Will Challenge goes to trial.  Your experienced Will Contest Lawyer will walk you through this complex process. You must have a legal strategy that includes proving the theory and trying to force your opposite party to settle out-of-court. 

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 Process of Challenging a Will.

I hope you found this short article on The Process of Challenging a Will. 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 Challenges, Will Contest, Will Contest Attorney, Will Contest Lawyer