Handling estate-related affairs in the aftermath of a loved one’s passing can present you with numerous challenges. Things can especially become complicated if you are involved in an issue that creates a high level of emotional conflict between family members. Out of all these potential contentious issues, any kind of dispute over the legitimacy of the deceased’s will quite possibly ranks at the top of the list.
There are certain complexities and time limits involved with challenging a will in the state of Pennsylvania. You also are not entitled to formally dispute the deceased’s will simply because you disagree with it or believe it is unfair. Fortunately, there is professional assistance and support readily available to you to help guide you through this process, including determining if you have a justifiable reason to pursue taking legal action.
Specific legal grounds for disputing a will
There are several possible grounds for disputing a will in the state of Pennsylvania. Some of the most common of these include the following:
- Lack of testamentary capacity: For a will to be valid, the testator needs to have been of sound mind during its establishment. Dementia, the influence of drugs or alcohol, or some form of medical issue or illness are examples that could have severely affected the testator’s mental capacity.
- Noncompliance with legal requirements: There are statutory procedures one must follow during the creation of a will, such as the testator writing and signing it.
- Undue influence: If the testator was coerced by someone in a position of power, such as a caretaker or another beneficiary, this could result in some or all of a will being invalidated.
- Fraud or forgery: Any form of fraud or forgery during the establishment of a will could result in a successful challenge to its authenticity.
Whether you are an executor, beneficiary, possible heir or creditor, you owe it to yourself to take advantage of an experienced attorney’s services should a challenge to the deceased’s will arise or if you believe you have legitimate grounds to pursue such action. A savvy attorney can carefully evaluate the unique details of your case, answer all of your questions and concerns, and work diligently toward achieving the most favorable outcome possible.