Imagine you’ve spent years building your estate and carefully considering how to distribute your assets. You draft your will with clear intentions, hoping to provide for your loved ones without conflict.
However, after you pass away, someone might legally challenge the validity of your estate plan in court. Thus, understanding how contests work protects your legacy and helps you create a stronger estate plan for your loved ones.
What are will contents?
A will contest occurs when someone legally challenges the validity of a will during the probate process. They may challenge the will’s execution, its contents or your legal capacity when you created it. It is usually your family members, beneficiaries or potential heirs who raise these challenges at court.
Pennsylvania courts follow a no-contest rule. This rule is a special part of a will that says if a beneficiary tries to challenge the will in court, they will lose their inheritance they were supposed to receive.
However, since the rule is not strictly enforced in Pennsylvania, this means that someone can challenge your will if they have reasonable cause to do so. The court will then review their claim to determine if the challenge has merit or not.
Knowing the specific grounds for will challenges allows you to take preventive measures as you draft your estate plan.
Six common types of will contests
Building on your understanding of will contests, you need to recognize the specific reasons someone might challenge your estate plan. Pennsylvania law recognizes these six grounds that will challengers commonly use:
- Lack of testamentary capacity: You must possess testamentary capacity when you sign your will, otherwise it will be rendered invalid. A testamentary capacity means you understand your property, beneficiaries and how your will distributes assets.
- Undue influence: This happens if someone pressures you into making decisions that don’t reflect your true wishes through manipulation or coercion.
- Improper execution: You must sign your will in front of two witnesses who also sign the paper otherwise the judge might declare your will invalid.
- Fraud: This occurs when someone deceives you about the will’s contents or another person forges your signature without your knowledge.
- Revocation: If you created a newer version of your will or legally revoke your existing one the previous will loses its validity.
- Duress: This happens if someone forces you to create or modify your will through threats or physical harm.
Understanding these six grounds helps you identify weaknesses in your current estate plan and take correction action.
Drafting a strong will
Now that you understand these challenges, you can take steps to prevent them as early as now. Working with an experienced estate planning attorney helps you draft a strong will. They can ensure that you follow all legal requirements necessary and confirm your testamentary capacity. This guarantees your carefully crafted legacy is honored according to your exact intentions.