Share:

A will is one of the most effective estate planning tools one can use to express their final wishes. It allows people to remain in control of what happens to their assets when they pass away and can help prevent family disputes during the estate’s administration. However, a loved one may still question the authenticity of a decedent’s will. When this happens, there must be a valid reason for bringing those concerns to the attention of the court. Below are some of the most common legal grounds for contesting a will.  

When Can a Will Be Challenged?

Improper Execution 

The laws for executing a will vary from state to state. In Pennsylvania, the document must be handwritten and signed by the testator, who is required to be at least 18 years old. If they’re unable to sign it themselves, another party may sign it on their behalf as long as they do it in the testator’s presence and according to their direction. Pennsylvania probate courts accept self-approving affidavits if they’re notarized and signed by the testator and witnesses. In the event any of these guidelines weren’t followed, a will may be deemed invalid. 

Lack of Capacity 

willFor a will to be legally verified by the court, the testator must have been of sound mind at the time it was created. This means they need to be able to understand how much their assets are worth, who they are naming as beneficiaries, and the effects of having a will in place. This document may be contested if it’s believed the decedent lacked the capacity to make it and there is evidence to support this claim, such as a photograph, video footage, or witnesses.

Undue Influence 

Individuals often become physically or mentally weak during the aging process or because of an illness, and this can make them easily influenced by others. Under these circumstances, a will may be drafted under pressure so that it’s designed to outline the wishes of someone else instead of detailing what the testator wants to happen upon their death. This is known as undue influence. 

Fraud or Forgery

In some instances, fraud or forgery will give a testator’s family reason to challenge a will. When fraud occurs, it’s typically the result of a testator being tricked into signing a will that they thought was a different document or adding provisions based on falsified information presented by another party. A will may also be contested if there is a chance it was forged by someone illegally acting as the testator. 

 

 

If you think you can prove a loved one’s will is invalid based on one of these grounds, contact the Law Offices of Robert B. Liotta, Esq. to explore your legal options. Over the years, Attorney Liotta has guided many families in Lower Burrell, PA, through the process of administering an estate. His vast knowledge and experience in estate planning will prove valuable whether creating a will or determining if one will stand up in court. Call (724) 334-9870 to schedule a consultation or visit his website to browse his services. 

tracking