There are many reasons why an individual may seek to contest a will. Continue reading to learn more and reach out to our firm today to speak with our dedicated Montgomery County, PA wills, trusts & estates attorneys. We are just one call away.
What is a valid will in Pennsylvania?
A will is one of the most important components of an estate plan. As a result, there are a number of guidelines that must be followed in order for a will to be deemed valid. These guidelines include:
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- The testator must be at least 18 years old and of “sound mind and memory”
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
Should I contest a will?
A will is instructed to go through probate court once it is created and the testator has passed away. The objective of the probate process is to decide whether the will is a proper document. If the court finds that the will is invalid and does not follow the guidelines, it may be challenged by a beneficiary. Probate law indicates that a will can only be contested by individuals who are mentioned in the will of a previous will that was composed.
An individual can contest a will for a number of reasons. The most common reasons include the following:
- If it was created under the influence of another party
- If fraud or forgery took place
- If the deceased was not mentally competent when writing the will
- If the will was not executed properly
What should I do if my will is invalid?
In the event that a will is considered invalid, the court will toss it. If there is no other will, the deceased’s assets will be allocated by the state of Pennsylvania.
If you are in this situation or would like to learn more about contesting a will, look no further than Friedman Schuman. Our legal team recognizes that after the passing of a loved one, litigation is likely the last thing you would like to go through. Contact us today to speak with one of our skilled Montgomery County, PA wills, trusts & estates attorneys about your options.
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Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.