While most wills proceed through probate without issues, there are legitimate reasons why some might be legally questionable. Contesting a will is a significant legal undertaking that requires understanding the grounds for challenge and the procedural requirements involved. If you want to contest a will, the first step is determining the legal grounds for your actions.
What Are Valid Grounds for Contesting a Will?
Not all disagreements with a will’s provisions constitute valid legal grounds for contestation. Courts generally respect the wishes of the deceased as expressed in their will. However, several recognized legal bases exist for challenging a will’s validity:
- Lack of Testamentary Capacity: For a will to be valid, the testator (the person making the will) must have had sufficient mental capacity at the time of creation. This means they understood the nature and extent of their property, recognized their natural heirs, and comprehended the legal effect of making a will.
- Undue Influence: This occurs when someone exerts excessive pressure on the testator, overcoming their free will. Examples include caregivers or family members isolating the testator, making threats, or using their position of trust to manipulate the testator’s decisions.
- Fraud or Forgery: A will procured by fraud or containing forged signatures is invalid. Fraud occurs when the testator is tricked into signing a will or is misled about its contents.
- Improper Execution: Each state has specific requirements for executing a will. Typical requirements include the testator’s signature and witnesses. If these formalities were not properly followed, the will might be deemed invalid.
Who Has Standing to Contest a Will?
Not everyone can contest a will. Generally, you must be an “interested person” with financial stakes in the outcome. This typically includes:
- Heirs who would inherit under intestacy laws if the will did not exist
- Beneficiaries named in the current will
- Beneficiaries named in a previous will but were excluded or received less in the current will
- Creditors of the estate
Without proper standing, courts will dismiss the case regardless of the merits of the claim.
What Is the Timeline for Contesting a Will?
The statute of limitations for contesting a will varies by state. In Pennsylvania, it is 120 days after notice of probate is given. Missing this deadline usually means permanently losing the right to contest, no matter how strong the case might be. It is important to act promptly after learning that a will has entered probate. The court does not automatically notify all potential contestants, so monitoring probate filings may be necessary.
How Does the Will Contest Process Work?
In Pennsylvania, contesting a will begins with filing an objection in probate court within 120 days. All interested parties, including beneficiaries, heirs, and the executor, must receive proper notice. The process then moves to discovery, where both sides gather evidence through document requests, interrogatories, and depositions to investigate the circumstances surrounding the will’s creation.
Many jurisdictions require mediation before trial, where a neutral third party attempts to help parties reach a settlement. If mediation fails, the case proceeds to trial. Throughout this process, the burden of proof rests with the person contesting the will, who must present sufficient evidence of invalidity.
What Are the Potential Outcomes of a Will Contest?
If a will contest succeeds, the entire will might be invalidated, in which case the estate would be distributed according to intestacy laws. In other cases, a prior valid will might be reinstated. With some will contests, only certain provisions of the will might be struck down. Or, the court might approve a settlement agreement among the parties. Many will contests settle before trial, with the parties agreeing to a compromise distribution of assets.
Contact the West Chester Wills and Estate Lawyers at Eckell Sparks for Advice on Contesting a Will
Contesting a will requires legal knowledge and strategic planning, and the West Chester wills and estate lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can explain your legal options and provide experienced guidance. To schedule an initial consultation, call our Media and West Chester, Pennsylvania, offices at 610-565-3701 or submit our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.