Will Contest

Practice Areas
Each of our Will Challenge Attorneys regularly represents clients in defending and challenging the validity of wills and trusts. Typically, these disputes involve a challenge or contest of the validity of a will or trust as a result of many factors, including, but not limited to, undue influence, forgery, fraud, and lack of testamentary capacity. Our years of experience focusing on these challenges allow us to explain these complex matters to clients simply and directly. We work with clients to analyze the case’s strengths and weaknesses and arrive at a plan of attack or defense in your best interest.

What is a Will Contest or a Will Challenge?

The Will Contest Lawyer helps you focus on the key issues. The heart of a Will Challenge is the belief that the offered Will does not reflect the testator’s actual intent or that the Will is otherwise invalid. A Will Contest begins with a formal objection to the validity of a Will. We file these formal objections in specific locations, such as the Register of Wills, Surrogate, or the Orphans’ Court. Specific procedural rules govern Will Challenges; failure to follow these standards can lead to the case’s dismissal. It is vital to craft and file the initial Will Challenge Petition correctly. If filed incorrectly, crucial issues might be later barred. For more detailed information, see my page “Will Contests for the Civilian Non-Lawyer.”

What is the basis of a Will Challenge?

Claiming that a Will does not reflect the deceased’s intent is insufficient. There must be a legal basis and theory for dismissing the offered Will. Examples of grounds for a Will Challenge include:

  • Undue Influence
  • Duress or Coercion
  • Fraud
  • Forgery
  • Lack of Testamentary Capacity
  • Superseded Will – If you discover a more recently executed Will before the Statute of Limitations Period lapses, you can have your Estate Litigation Attorney submit the Will to replace the prior-filed Will. Interested Parties may challenge this new Will. Or, at a minimum, the new Will shall require precise shifting of assets from the current executor to the new executor. A Formal Accounting might be necessary, or new purchase agreements and bank accounts. Develop a sound strategy with an experienced Probate Lawyer.
  • Improper Will Execution – Every jurisdiction has specific rules regarding proper Will execution. If not followed, the Will is invalid. A Will Contest based on Improper Will Execution arises when an interested person claims the rules were not followed and seeks an order to exclude the offered Will.

Common Questions:

If within the statute of limitations period, an interested party can challenge a Will.
A Will Contest that does not settle, and goes to trial, can take up to two years until completion.
An interested party can contest a Will. An interested party is someone who can demonstrate financial harm created by the Will.
Several reasons can invalidate a Will, including Undue Influence, Duress or Coercion, Fraud, Forgery, and Lack of Testamentary Capacity.
In the context of a Will Contest, “Will Formalities” refers to the state rules regarding proper Will execution. For example, the number of witnesses and signature locations. If these rules are not followed, the Will is not a Will.
A Will Contest begins when an interested party has their Will Contest Lawyer draft a petition spelling out the Will Contests’ basis, which is filed in the appropriate court.
Each state has a statute of limitations period. Contact our Will Contest Lawyer, let us know in which jurisdiction the Will falls, and we can tell you how long you have to contest the Will.

If the statute of limitations period has not passed, you can challenge a Will after it has been probated.

 

Do I need an Attorney?

If you need brain surgery, go to a surgeon, not a general practitioner. A general practitioner can perform brain surgery but expect a messy result. The same holds for a Will Challenge Attorney. Will Contest cases are highly technical. It takes years of practice in this area to accumulate enough experience and knowledge to attack and defend a Will in a Will Contest.

A successful Will Challenge Attorney requires not only a litigator’s skills but also in-depth knowledge of the specific court overseeing the Will Contest as well as Probate, Estate Planning, and the interpretation of Wills and Trusts. Like brain surgery, these are skills impossible to pick up quickly. Trust only an experienced Will Contest Lawyer to handle a Will Contest.

Does a Real Will Challenge Lawyer Save You Money?

A Will Challenge Lawyer will likely reduce the estate litigation cost. A Will Challenge Lawyer can more quickly identify and address issues by being familiar with the process and the court system. Experience with discovery methods and time-taught knowledge of what steps are usually successful help reach conclusions more quickly. In short, a Will Contest Lawyer saves you money.

Reasonable Prices | Years of Experience | We Stand With You, and We Fight For You

If you have any questions about a Will Contest or any other estate law topics, please get in touch with us to schedule a free consultation.

Our firm has managed successful Will Challenges and successfully defended valid Wills from wrongful Will Challenges throughout Pennsylvania, New Jersey, and Florida. Though headquartered in Philadelphia, our particular set of litigation skills are in demand near and far. Our litigation team focuses on estate matters. Few lawyers focus their entire practice on Estate Litigation, so when someone wants an experienced Will Contest Attorney to challenge a Will or defend a Will, they turn to us.

Fantastically easy and efficient team to work with getting our wills done. We will use Everstead again in the years to come. I highly recommend Everstead Legal

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Will Contest
Tom Williams
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Eva Wilson
Co-Founder
Rebecca Aniston​
Vice President

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