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What Are the Grounds for a Will Contest?

Posted on Tue Jan 8, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “What Are the Grounds for a Will Contest.”

What Are the Grounds for a Will Contest

Will Contest Lawyer, Glen Ridenour.

What Are the Grounds for a Will Contest:

Undue Influence.

  • Mr. Montgomery is elderly and ill. He can no longer care for himself and has become reliant on his son Conshohocken. Conshohocken downloads a power of attorney from the internet and pressures Mr. Montgomery to give him authority over his assets. Conshocken then proceeds to sell Mr. Montgomery’s house, move him into his own home where he isolates him from the other children. Conshohocken drafts a will for Mr. Montgomery. The then pressures him to sign the Will, which gives the estate to Conshohocken.  At Mr. Montgomery’s death, Conshohocken files the will as executor and claims the entire estate.
  • The other children rightfully have their Will Contest Lawyer file a Will Contest based on Undue Influence.  Undue Influence exists when a person uses their position of power over the deceased to influence him to benefit the influencer in a way that the deceased otherwise would not have done.

Lack of Capacity.

  • Mrs. Lansdale has dementia. She no longer remembers her assets and often forgets one of her children. She believes that she has large sums of money invested in a bank, but the account has never existed.  Mrs. Lansdale’s son, Ambler, drafts a will for Mrs. Lansdale that gives the entire estate to Ambler.  At her death, Ambler files the will, claiming the whole estate.
  • Ambler’s sister, Prussia, correctly has her Will Challenge Attorney file a Will Contest based on Lack of Capacity. Mrs. Lansdale lacked the capacity to sign the will if she couldn’t understand her assets, who made up her family, or the effect of signing the will.

Who May Bring a Will Contest?

Only an interested person may have their Will Contest Lawyer successfully file a Will Contest. A person is an interested party if the proposed will somehow damages them financially.

  • Norristown has been excluded from his father’s will for decades following a dispute. His father has written several wills over those years, all excluding Norristown. His father, King of Prussia, signs his last will on his deathbed giving all his estate to son, Horsham.  Norristown is not able to challenge this last will, as it does not damage him financially. Even if the will is found invalid, Norristown gains nothing. King of Prussia excluded Norristown in all the wills.  The judge will find that Norristown has no standing to challenge, dismissing his petition.

Follow this link to learn more about what are the grounds for a will contest.

In Conclusion: Examples of What are the Grounds for a Will Contest.

I hope these Examples of What are the Grounds for a Will Contest 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!

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

Tags:

Glen Ridenour, Lack of Capacity, Undue Influence, Will Challenge Attorney, Will Challenge Lawyer, Will Contest, Will Contest Attorney, Will Contest Lawyer, Will Contests

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Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

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Mr. Klenk has been easy to work with. I am confident he has given me good advice whenever I have called upon him. He has shown good work ethic and depth of knowledge in preparation of estate, wills, and trusts that I have worked with him on.

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Maxine G.

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

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Ellen G.

I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend

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