Will Contests & Trust Disputes

When Families Disagree About an Estate Plan

Estate disputes are among the most emotionally charged legal matters a family can face. They involve grief, money, and deeply personal relationships — and they often arise at the worst possible time. Whether you suspect a parent's will was the product of manipulation or you are an executor defending a legitimate estate plan against a disgruntled heir, these cases require attorneys who understand both the legal framework and the family dynamics involved.

Pennsylvania law provides specific grounds for challenging a will or trust, and specific procedures for doing so. The outcome often depends on how quickly evidence is preserved and how effectively the legal issues are framed from the outset.

Grounds for Contesting a Will in Pennsylvania

Under Pennsylvania law, a will can be challenged on several grounds. The most common include:

• Lack of Testamentary Capacity — Under 20 Pa.C.S. § 2501, a testator must be of "sound mind" when executing a will. This means the person understood the nature and extent of their property, knew who would naturally inherit it, understood that the will would distribute their property after death, and was able to connect these elements into a coherent plan. Medical records, testimony from caregivers, and the circumstances surrounding the will's execution are often central to these cases.
• Undue Influence — If someone in a position of trust — such as a caretaker, family member, or advisor — used that position to override the testator's free will, the resulting document may be invalid. Pennsylvania courts look at whether a confidential relationship existed, whether the influencer received a substantial benefit, and whether the circumstances surrounding the execution are suspicious.
• Fraud or Forgery — If the testator was deceived about the contents of the document, or if a signature was forged, the will is subject to challenge.
• Improper Execution — Pennsylvania requires that a will be in writing and signed by the testator (20 Pa.C.S. § 2502). While Pennsylvania does not strictly require witnesses for most wills, the absence of witnesses can complicate proving the will's validity if a challenge arises.
• Revocation — A later will or codicil may have revoked an earlier document. If the most recent version cannot be located, Pennsylvania law raises a presumption that the testator destroyed it with the intent to revoke.

Trust Disputes

Trust disputes differ from will contests because trusts generally do not go through probate and are not subject to the same court oversight. However, beneficiaries have legal rights under Pennsylvania's Uniform Trust Act (20 Pa.C.S. §§ 7701–7799.3), including:

• Challenging Trust Validity — The same grounds that apply to will contests — incapacity, undue influence, fraud — also apply to trusts.
• Breach of Fiduciary Duty — A trustee has a duty to administer the trust in good faith, in accordance with its terms, and in the best interests of the beneficiaries. Mismanagement of assets, self-dealing, failure to make required distributions, and failure to provide accountings are all actionable breaches.
• Trustee Removal — Under 20 Pa.C.S. § 7766, a court may remove a trustee for serious breach, lack of cooperation among co-trustees, unfitness, or persistent failure to administer the trust effectively.
• Compelled Accountings — Beneficiaries have the right to demand a formal accounting of trust activity. If a trustee refuses to provide one, the court can compel it.

The Probate Challenge Process in Pennsylvania

In Pennsylvania, a will contest is filed as a "caveat" with the Register of Wills before probate, or as a formal appeal to the Orphans' Court within one year after probate. The process typically involves:

• Filing a caveat or petition — This formally puts the court on notice that the will's validity is disputed.
• Discovery — Both sides gather evidence, including medical records, financial documents, witness depositions, and expert opinions regarding the decedent's mental state or the circumstances of execution.
• Mediation — Many Orphans' Court judges encourage or require mediation before trial. Estate disputes often involve relationships that the parties want to preserve, and a negotiated resolution can be less destructive than a public trial.
• Trial — If mediation is unsuccessful, the case proceeds to a bench trial before the Orphans' Court judge.

Defending an Estate Plan

We also represent executors and trustees who are defending a validly executed estate plan against challenges. Defense work involves preserving evidence of the testator's intent, demonstrating proper execution, and showing that the estate plan reflects the testator's informed and voluntary choices. When we draft estate plans for our clients, we build in protective measures — such as detailed notes about the client's reasoning, capacity assessments when appropriate, and careful documentation of the execution process — that make future challenges more difficult to sustain.

Acting Quickly Matters

Estate disputes are time-sensitive. Evidence deteriorates, witnesses' memories fade, and Pennsylvania's statutes of limitation create hard deadlines for filing challenges. If you suspect a problem with a will or trust, or if you are an executor who has been notified of a potential challenge, contact us as early as possible so we can assess the situation and protect your interests.

What to Expect When You Contact Us

Frequently Asked Questions