When disputes arise over a loved one’s estate, they can present complex legal challenges that require careful attention to detail and a thorough understanding of estate and trust litigation processes. Careful planning and expert legal guidance are often essential to resolve a will contest fairly and according to Pennsylvania law. This post will discuss the most common justifications for contesting a will and what to expect in probate litigation to help resolve estate planning disputes effectively.
Common Grounds for Contesting a Will
There are two generally accepted grounds for will contests: lack of capacity and undue influence. Let’s explore these key challenges and their implications in estate litigation.
Lack of Capacity
A lack of capacity claim is one of the most common grounds for estate litigation cases. For a will to be legally valid, the decedent (the person who created the will) must have the mental capacity to understand the nature of their decisions when the document was executed. This includes comprehending:
- The extent of their property
- The natural beneficiaries of their estate
- The effects of their estate planning choices
To successfully challenge a will on the grounds of lack of capacity, medical documentation or evaluations showing cognitive impairment are often critical. For example, evidence of dementia or other mental health conditions at the time of the will’s execution can significantly strengthen a claim.
Undue Influence
Another primary reason for will contests is undue influence. This occurs when an individual exerts excessive pressure on the decedent, overpowering their free will and manipulating the distribution of assets.
A typical example of undue influence involves a family member, caregiver, or companion isolating the decedent from other relatives and convincing them to alter their estate plan, leaving the bulk of the estate to the influencer. Proving undue influence in probate litigation often requires:
- Testimony from witnesses
- Documentation of the decedent’s interactions
- Evidence of isolation or coercion
When to Consult a Probate Litigation Lawyer
To contest a will, promptly consult a probate litigation lawyer. Suspicions of lack of capacity or undue influence make timely legal advice critical for building a strong case and protecting your interests. An experienced attorney can help you:
- Evaluate the validity of your claims
- Gather necessary evidence
- Navigate the complexities of probate court
What to Expect in Probate Litigation
Probate litigation involves several key steps to resolve disputes over an estate. Understanding these steps can help you prepare for the process and set realistic expectations:
- Filing a Will Contest: This step formally challenges the will’s validity in probate court. In Pennsylvania, this can be done through two main legal avenues: filing a caveat before the probate decree or an appeal from the probate decree, depending on the timing and circumstances of the challenge.
- Discovery Process: Both sides gather evidence to support their claims, including medical records, witness statements, and financial documents.
- Negotiations and Mediation: Many estate planning disputes are resolved through mediation or settlement discussions to avoid a prolonged court battle.
- Court Proceedings: If a resolution cannot be reached, the case proceeds to trial, where a judge will determine the outcome.
Protecting Your Interests in Estate and Trust Litigation
Whether you suspect a lack of capacity or undue influence when challenging a will, understand your rights and seek timely advice to address the matter. A probate litigation lawyer can help you evaluate the strength of your case, gather evidence, and advocate to protect your interests.
Let Attorney Jeremy Mittman guide you through the process of contesting a will. With more than four decades of estate planning experience, Jeremy is a leading Philadelphia area lawyer with a reputation for achieving favorable outcomes. Contact us today to discuss your case and safeguard your family’s legacy.