Grounds, Process, and What to Expect
When someone passes away and leaves behind a will, most families want to honor it. But sometimes, questions arise about whether the will is valid—or whether someone was unfairly excluded or influenced.
If you believe something isn’t right, you may be wondering: Can I contest this will?
At Clause Law Group, we help families in Wayne, Monroe, Pike, Luzerne, and Lackawanna Counties evaluate whether a will contest is appropriate—and how to proceed.
✅ Yes, a Will Can Be Contested in Pennsylvania
Under Pennsylvania law, a will may be challenged in probate court if someone believes it is:
- Invalid under state law
- The result of fraud, undue influence, or mistake
- Not reflective of the decedent’s true intent
This is known as a will contest, and it’s handled through the Orphans’ Court Division in the county where probate is filed.
🔍 Common Legal Grounds to Contest a Will in PA
1. Lack of Testamentary Capacity
The decedent must have had the mental ability to understand:
- They were making a will
- What assets they owned
- Who their natural heirs were
This is often raised when the decedent had dementia or was seriously ill.
2. Undue Influence
A will can be set aside if someone:
- Manipulated or pressured the decedent
- Took advantage of weakness or dependency
- Caused a change in the will that benefits them significantly
⚠️ Often seen in cases involving caregivers, new spouses, or estranged family members suddenly added to the will.
3. Improper Execution
Under 20 Pa.C.S. § 2502, a valid will must:
- Be in writing
- Be signed by the testator
- Be signed at the end
- Be made voluntarily, by someone over age 18 and of sound mind
Any deviation from this can be grounds for challenge.
4. Fraud or Forgery
If someone:
- Lied to the decedent about facts
- Switched pages or altered the will
- Forged the signature
… the court may find the will invalid.
5. Revocation
If a newer will exists—or the decedent destroyed or revoked the will—an older version may not be valid.
🧑⚖️ Who Can Contest a Will?
Only someone with legal standing may file a challenge, such as:
- A person who would inherit under a previous will
- A person who would inherit if there were no will
- A named beneficiary who was removed or altered
📜 What Happens During a Will Contest?
- Objection filed in Orphans’ Court
- Court may hold a hearing to evaluate evidence
- Parties may negotiate a settlement
- If not resolved, a judge will decide the outcome
Contesting a will requires proof and proper legal procedure—it is not enough to simply feel the result was “unfair.”
⚖️ How Clause Law Group Can Help
We represent:
- Beneficiaries seeking to defend a valid will
- Heirs concerned about undue influence or fraud
- Executors navigating contested estates
We guide clients through every step—filing objections, gathering evidence, and appearing in court.
Facing a Disputed Will? Get Experienced, Local Help
If you’re involved in a will dispute—or think you should challenge a will—talk to a local attorney before it’s too late. The clock starts running quickly after probate is opened.
📞 Call (570) 676-5212
📍 Serving Wayne, Pike, Monroe, Luzerne, and Lackawanna Counties
📨 Schedule your will contest consultation now
