Not every will reflects what the deceased truly wanted. Sometimes a parent's final will looks nothing like what they discussed with their family for years. Sometimes a new will appears shortly before death, written when the parent was clearly declining. Sometimes one child or caregiver seems to have exerted outsized influence.
Pennsylvania law provides a mechanism to challenge a will, but will contests are not easy, not cheap, and not appropriate in every situation.
Who Can Contest a Will?
Only a person with standing can file a will contest, typically an heir who would inherit under intestacy if the will were invalidated, a beneficiary under a prior will who was removed or reduced, or in limited cases, a creditor of the estate. If you have no inheritance interest, you generally cannot contest the will.
The Four Grounds for Contesting a Will
1. Lack of Testamentary Capacity
The testator must have understood the nature and extent of their property, who their family members were, what the will did, and how these elements related to one another. The legal standard is relatively low: a person can have memory lapses or a dementia diagnosis and still possess capacity during a "lucid interval." Evidence typically includes medical records, physician testimony, and observations from family members and the drafting attorney.
2. Undue Influence
Undue influence occurs when someone exerts pressure that overcomes the testator's free will, substituting the influencer's wishes. Pennsylvania courts apply a burden-shifting framework. The contestant must establish a presumption by proving: (1) the testator was of weakened intellect, (2) a person in a confidential relationship received a substantial benefit, and (3) that person had the opportunity to influence the testator. If established, the burden shifts to the will's proponent to prove by clear and convincing evidence the will was genuine.
3. Improper Execution
Under 20 Pa.C.S. § 2502, a will must be in writing and signed by the testator or by someone at the testator's direction and in their presence. Pennsylvania does not require witnesses for a standard will, but if the testator signed by mark, two witnesses are required.
4. Fraud
A will may be challenged if the testator was deceived, either about the nature of the document they were signing (fraud in the execution) or given false information that caused them to change their will (fraud in the inducement). Fraud is the hardest ground to prove because the testator is deceased.
The Will Contest Process
A challenge can be initiated by filing a caveat with the Register of Wills before probate, which prevents the will from being probated until the dispute is resolved. After probate, a challenge can be filed in the Orphans' Court, where either party may request a jury trial.
Will contests are adversarial proceedings involving discovery, expert testimony, and trial. They can take a year or more and cost tens of thousands of dollars in legal fees.
When It Is Worth It
A will contest is worth pursuing when there is strong evidence of incapacity, undue influence, or fraud, and when the financial stakes justify the cost. Before filing, we recommend an honest assessment of the evidence, the costs, and the likely outcome. Not every suspicious circumstance rises to the level of a viable legal challenge.
At Ament Law Group, we represent both those challenging wills and those defending them in Orphans' Courts across Western Pennsylvania. If you believe a loved one's will does not reflect their true wishes, call us at (724) 733-3500 or contact us online to discuss your situation.
Related resources:
- A Beginner's Guide to Probate in Pennsylvania
- What to Do When a Parent Dies in Pennsylvania
- Personal Liability for Executors in Pennsylvania
- Probate Administration Services
- Schedule a Consultation
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