Probate Litigation

The modern family looks much different than it did years ago. This makes the estate planning process a bit more difficult. Given such, family members may have questions over the validity of a loved one’s will. This is especially true when a loved one passes as part of a mixed family unit. This can mean having stepchildren and/or second spouses. If you believe a loved one’s will needs to undergo probate litigation, the estate litigation attorneys of Mazzoni Valvano Szewczyk & Karam are here for you.

What is Probate Litigation?

Probate Litigation is necessary when there is a dispute between the terms of a will and who is in charge of the estate. During probate litigation, the court will look for reasons why the will may not be valid, including:

Undue Influence

Be it the over-exertion of control by one family member or caretaker, or that of another third party, undue influence looks to see if the will represents the deceased’s own wishes. Their concern is that the will may be the result of manipulation by another. To prove undue influence has occurred, the court asks the family to show the following:

There was a confidential relationship between the primary beneficiary of the will and the testator.
That beneficiary receives a substantial benefit under the will should it be valid.
The creator of the will had a weakened intellect. This allowed a third party to manipulate them into changing their will.

Testamentary Capacity

In Pennsylvania, for a will to be valid, the deceased must have been of sound mind at its creation. However, in cases where the deceased created the will when they lacked the mental capacity to understand the extent of his or her estate and the beneficiaries, the will is likely invalid. Depleted testamentary capacity can be the result of:

A deteriorating mental or physical condition
Mental decline as a result of age
Mental deterioration due to illness
Impairment caused by the use of alcohol and/or drugs.

Fraud

In cases where an individual cheats the will creator and their beneficiaries from assets of the estate, the will can be found invalid on the basis of fraud.

In some cases, the fraud will not be as obvious as manipulating the individual. Instead, it can be that the will creator was seeking advice on the creation of the will. The third-party can deceive the will’s creator into committing an error in the will’s creation, execution, and administration of the estate.

Forgery

In Pennsylvania, for a will to be valid, it must contain the legal signature of the deceased. However, in some will contests, the family may question the authenticity of the deceased’s signature on some or all estate planning documents.

In cases where the court suspects forgery, they will compare the signature to other legal documents as well as have it be studied by handwriting experts.

Improper Execution

In order for a will to be valid in Pennsylvania, the will must:

1. Be “in writing,”
2. Signed by the testator; and
3. The testator must be 18 years of age and of sound mind.

If any of these elements did not occur, the will is invalid under improper execution.