As an experienced Delaware County Estate Planning Attorney, I am often asked by clients about how a Will is contested. The process is controlled in Pennsylvania by the Orphan’s Court. That is a separate court that deals with Wills, trusts, and guardianships that involve disposition of assets. If you believe the Will has not been executed in a proper manner, you have two alternatives. The first one is filing with the register of Wills. You’re putting the register of Wills on notice that they should not accept the first Will. The process is determined by the register of Wills. They either accept the first or second Will, or determine if the Will is even valid.
If the Will has already been subjected to probate, and you believe that someone had influenced the testator, or the person did not have sufficient capacity at the time it was executed. You will have to file a petition with the Orphan’s Court to raise a contest of the Will. You will need to come forward to the court with sufficient evidence to prove why they should not except the first Will. The process then enters the discovery phase. The court will hold a hearing that reviews the evidence you presented. They will either accept the previous Will or the new version that presented to the court.
Do you have questions about contesting a Will? Contact experienced Delaware County Estate Planning Attorney Walter Timby for a free case evaluation.
This educational blog was brought to you by experienced Estate Planning Attorney Walter J. Timby. Our law firm proudly represents estate planning clients throughout Delaware County, as well as Pennsylvania, the greater Philadelphia area, and New Jersey