How do I challenge the validity of a will?
In order to challenge the validity of a will in Pennsylvania, you must be able to prove a legal reason why a will may be invalid. This is known as “contesting” the will. Under Pennsylvania law, the following reasons are commonly used as valid reasons to contest a will: 1. The will was not created or signed properly. In order for a will to be legally binding, it must be created and signed with the proper formalities. This includes that the will must be in writing, signed by the testator (the person making the will), and witnessed by two individuals. Therefore, if a will was not created and/or signed properly, a challenge may be made on these grounds. 2. The testator lacked the necessary mental capacity to make a will. This means that the testator was not of “sound mind” when they made the will or did not understand what they were doing. 3. The testator was forced or unduly influenced to make the will. This means that someone else, such as a family member or friend, convinced or pressured the testator to create the will in a way that was not their own free will. 4. The will was forged or tampered with. If the will was not truly the work of the testator, if it was forged or tampered with in some way, then it is invalid. If you believe that a will is invalid for one of these reasons, you can file a legal challenge with the relevant court in Pennsylvania. It is important to note that this is a difficult process and can be costly, so you should seek legal advice before proceeding with a challenge.
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