Will Contests and Will Challenges

As Will Challenge Attorneys, we regularly represent clients in defending and challenging the validity of wills and trusts. Typically, these disputes involve a challenge or contest 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 in a simple, direct fashion. We work with clients to analyze the case’s strengths and weaknesses and to arrive at a plan of attack or defense that is in your best interest.

What is a Will Contest or a Will Challenge?

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, and failure to follow these standards can lead to the case’s dismissal. It is of vital importance to correctly craft and file the initial Will Challenge Petition. If filed incorrectly, crucial issues might be later barred. For more detailed information, see my page “Will Contests for Non-Lawyer.”

What is the Basis of a Will Challenge?

Just claiming that a Will does not reflect the deceased’s intent is not enough. 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• Superseded Will: If you discover a more recently executed Will before the Statute of Limitations Period lapses, you can have your Estate Litigation Attorney submit the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.

Do I need a Will Contest Attorney?

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

A successful Will Challenge Attorney requires not only a litigator’s skills, but also an 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. Only a experienced Will Contest Lawyer should be trusted 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. By being familiar with the process and the court system, a Will Challenge Lawyer can more quickly identify and address issues. Experience with discovery methods and time-taught knowledge of what steps are usually successful helps reach conclusions more quickly. In short, a Will Contest Lawyer saves you money.

Julius A. Andrews is the founding member of Sir Lewis & Associate Law Firm, a six attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Julius A. Andrews received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Julius for an appointment. We will make the process as easy as possible!