To learn more about what can happen if a loved one’s original will is lost, read on and reach out to our PA wills, trusts & estates attorneys today. Our legal team at Friedman Schuman is on your side through each step of the process ahead. Give us a call today to get started.
What will occur if a will is lost in Pennsylvania?
It is important to keep in mind that if you can’t find your loved one’s will, or can only find a copy of it, a Pennsylvania court will prefer original documents. However, when attempting to probate a copy of a “lost will,” a belief exists that the original was deliberately destroyed or revoked. In order to crush this idea, it must be established that:
- an original will was actually executed,
- contents of the original are substantially the same as the copy, and
- the testator had not revoked or destroyed the original prior to death.
In the state of Pennsylvania, the proponents of the Will copy must create two competent witnesses, attesting to both the execution and contents of the original. To learn more, reach out to our skilled firm at Friedman Schuman today. Our legal team can analyze the specifics of your case and your options.
When should a will be contested?
In the event that a will is found to be invalid, it may be contested. Beneficiaries may identify indications of duress or genuinely feel the testator was not in the right mind when creating the will. This may provide a family member with grounds to contest the Will. However, you will want to recognize that not just anyone can contest a will. If the will is found invalid, only an individual who stands to benefit from the estate may bring an action to challenge it. Pennsylvania law may allow for a will to be contested on these exact grounds:
- Forgery
- Fraud
- Improper execution
- Undue influence
If a person finds that a loved one’s will is invalid, it is in his or her best interest to consult with an attorney as soon as possible. Seeking the assistance of competent legal counsel can help an individual comprehend his or her rights, in addition to providing them with key insight and guidance on the estate planning legal process. Reach out to our firm today if you have any questions or concerns about a will. Our legal team is ready to help.
CONTACT OUR EXPERIENCED PENNSYLVANIA FIRM
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.
