Contesting a Will
You may encounter a situation wherein you believe that the terms of a will are unfair or improper. It would then help you to know your rights to challenge the will. Will contests can be very difficult; there are typically only several grounds that may invalidate a will. You will want to work closely with a Philadelphia will contests attorney to learn your options for challenging a will.
Grounds for Challenging a Will in Pennsylvania
You cannot simply challenge a will because you do not like what it says. Instead, you need valid grounds to challenge and invalidate its provisions. The following are some common grounds that allow a person to challenge a will:
- Mental Capacity. A now-deceased person needed to have mental capacity when signing the will. This means that the person understood what he or she was signing and had awareness of the property being disposed of in the will.
- Undue Influence. The now-deceased person must have voluntarily signed the will document. The person cannot have been under undue influence from a health care provider or family member that exerted pressure on that person to sign.
- Fraud. A fraudulent act can include misrepresentations and deception that induced the person to sign the will. For example, the signer of the will may have been convinced to sign, believing that he or she was signing some document other than the will.
- Legal Requirements of a Will. A will must meet certain legal requirements to be valid. For example, the signature requirement may not be met making the will invalid.
Spousal Election Against the Will
The spouse of a deceased person may have the special option to make an election against the will. A spouse dissatisfied with the terms of the will may make an election to collect one-third of the deceased person’s estate instead of collecting his or her share under the will. The spouse has a limited time frame to make this decision; if this is an option you are considering, you will want to contact a Philadelphia will contests attorney soon.
Talk to a Philadelphia Will Contests Lawyer
If you have any questions about a will contest, you will want to speak with an experienced attorney immediately. To discuss the specifics of your will contest, talk to Philadelphia will contests attorney Anthony Caiazzo by calling (215) 465 – 5575 to schedule a consultation.