What Happens When a Will is Contested in Pennsylvania?

A contested Will is something most families want to avoid at all costs. However, this outcome is often unavoidable – and you might need to react effectively with help from an estate planning attorney in Hershey. The first step is to gain an understanding of what might happen next. Once you are familiar with how probate courts in Pennsylvania handle this situation, you might find it easier to proceed with confidence.

You Must Have a Valid Reason to Challenge a Will

In Pennsylvania, people cannot simply challenge Wills on a whim. They must have a valid reason to call the validity of the document into question, and there are only a few legitimate options in this regard. These options are called the “grounds” for contesting a Will.

First, it may be possible to challenge a Will based on incapacitation. If the testator lacked the mental capacity necessary to establish and sign their own Will, it may be invalid. For example, they might have been struggling with late-stage dementia.

Another notable possibility is “undue influence,” which occurs when someone manipulates, pressures, or tricks the testator into signing their Will. Fraud may invalidate a Will, and perhaps the signature was forged. The challenger might also point to a more recent Will, or the lack of proper witnesses.

A Trial or Hearing Will Decide Whether the Will Is Valid

The process of contesting a Will follows the same basic process as any other legal case. First, the “discovery” phase allows both sides to gather as much information as possible. They may request relevant documents from each other during this stage. A hearing might determine that the challenge is not valid, and no further action may be required after the court dismisses the case.

If the probate court agrees that there may be evidence of an invalid Will, a trial may occur. During this trial, both sides will have an opportunity to present their evidence and make statements.

What happens during this legal process depends on the specific nature of the alleged misconduct. If one party is trying to prove that the signatures are forged, the court may need to compare these signatures to other signatures the parties have provided in the past.

Experts may testify about certain issues, especially regarding the mental health of the testator when they wrote their Will. During this process, an estate planning lawyer can represent you and fight for your best interests.

Can a Hershey Estate Planning Lawyer Help With Contested Wills?

If you need help with a contested Will, you might be concerned about a family member gaining access to your loved one’s wealth against their wishes. On the other hand, you might be the one who wants to contest the Will. Perhaps this has not occurred yet, and you are trying to safeguard your own estate from challenges after you pass away. Whatever the case may be, a Hershey estate planning attorney may be able to help. To learn more about the next potential steps, contact Audi Law, PLLC, today.