Contesting a Will in Pennsylvania
Revocable living Trusts and Changes in beneficiaries are also contestable in Pennsylvania.
Provided here is a general statement of Pennsylvania law, it does not constitute legal advice. Consult an attorney directly for advice on your legal matter.
Grounds to Contest a Will
Forgery – the signature is not that of the testator.
Fraud – the testator thought he or she was signing something else or didn’t realize the contents of the document when it assigned as a result of fraud
Improper execution – the failure to comply with the legal requirements in signing the will may form the basis for a proper contest.
Undue influence – arises when the will confers a substantial benefit on someone, be it a caregiver, close family member, significant other, etc., who was in a confidential relationship to the testator, who was at the time of weakened intellect.
It is important to weigh all the facts and circumstances before entering into litigation against family.
A judge, possibly with an advisory jury, makes the final determination as to whether undue influence occurred.
Ask us how to draft a will that is virtually non-contestable.
If you believe you have reason to contest a will, revocable living trust or change in beneficiary, obtain competent legal counsel about the merits of your case. You are more likely to have your rights vindicated with proper representation.
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