Can Probate Be Contested In Pennsylvania?
Yes. You can contest a will’s validity during the probate process in Pennsylvania. Contesting a will during probate proceedings means lawfully challenging the deceased individual’s will. To contest a will successfully, you must claim and provide strong evidence that it’s unenforceable because of fraud, undue influence, improper execution, lack of mental fitness/capacity, or some other reason which legally affected the person who executed the will at the time they signed it, rendering the will unenforceable, in whole or in part.
Because contesting a will during probate can be time-consuming and costly, wills are usually crafted to avoid potential disputes by including strict no-contest provisions. Such clauses commonly state that anyone who wants to challenge the validity of the will risks receiving a small sum from the estate or nothing at all. On the other hand, these clauses are not always enforceable if not written properly, so these provisions may be challenged.
That’s why discussing your situation with a knowledgeable Harrisburg probate attorney is in your best interest if you are considering contesting a will during probate.
When Can Probate Be Contested In Pennsylvania?
Courts normally consider several grounds for challenging a will during the probate process. However, you should know that the process will not be easy because the burden of proof is on you, meaning that you must provide strong evidence to support your claim. Your Harrisburg probate lawyer can determine whether negotiation/mediation is a viable option in your case or if litigation is the best path forward. Either way, you can contest a will due to the following grounds:
Coercion Or Undue Influence
If you believe the testator (the person who created the will) was pressured, manipulated, or otherwise forced into making/altering the will or including certain provisions, you can use this as a valid reason for challenging the will.
The Testator Was Not Mentally Fit/Lacks Capacity
One of the requirements of a valid will is that the testator must fully understand the extent and nature of their assets, the legal implications of their will’s content, and the people they’re leaving their estate to. If the testator was cognitively impaired (had dementia, for instance) or had a mental illness at the time the will was written, this may be grounds to contest the will/probate process.
Fraud
You can challenge a will during the probate process in Pennsylvania if it was forged, drafted, or signed under fraudulent circumstances.
The Will Was Revoked
If the testator modified or revoked their will before passing, but the modified will/written revocation wasn’t discovered or executed properly, you can contest the will on these grounds.
Failure To Follow The Legal Requirements
The testator must have followed the state’s legal requirements when creating their will. Otherwise, if the will wasn’t executed or witnessed properly, for instance, this could be grounds to challenge the will, although these technical deficiencies must legally affect the validity of the will.
Disputes Between Heirs
Heirs may disagree about the distribution of the estate or the will’s interpretation. For instance, it’s common for some people to disagree about how certain assets should be distributed or for someone to feel they’re entitled to more assets than other heirs. While such a dispute may center on whether the will is valid, in whole or in part, disputes between/among heirs may involve many other legal issues.
Seek Legal Guidance From Our Dedicated Harrisburg Probate Lawyers Today
If you believe the probate process is not being handled properly or if the will is not valid, you must act quickly. One of our experienced Harrisburg probate attorneys can evaluate your case and determine whether you have grounds to contest the probate process. Reach out to Cunningham, Chernicoff & Warshawsky, P.C. by phone or online to arrange your complimentary consultation with one of our Harrisburg probate lawyers.