Client Focused. People Driven.
Extraordinary Results.

What are common reasons that people challenge wills?

On Behalf of | Dec 16, 2022 | Probate & Estate Administration

When people lose loved ones in Pennsylvania, it can be a very difficult time for the family. They will certainly have a period of grief as they figure out how they will move on without the loved one in their lives. However, during this time, they will also need to probate the estate of the loved one. This is the process in which the deceased’s property is given to the proper beneficiaries typically named in people’s wills.

During this process, typically, the personal representative will need to follow the wishes of the deceased as stated in the will. Certain family members who are potential beneficiaries may learn that they are not in the will or are receiving less than what they expected. Based on these findings, they may feel that the will presented to the court is not the true will or wishes of the deceased.

Common reasons people challenge wills

People may want to challenge the will to declare it invalid. There are different ways that people can assert that the will is not valid, but some of the more common reasons why people challenge wills are:

  • People can challenge that the deceased was not of sound mind when they executed the will.
  • They may claim that the deceased was under undue pressure from another individual who forced them to make the will.
  • They may state that the signature of the will was forged by another person or there was another form of fraud.
  • They may also claim that the execution of the will was improper and did not meet all of the legal requirements to make the will valid.

These are the challenges that people can make in Pennsylvania, but it does not necessarily mean that they will be successful. The personal representative will need to address any challenges though. It is important to understand the various defenses available for challenges to the will and consulting with experienced attorneys could be beneficial.