How to Contest a Will That Involves a Trust in Pennsylvania

Pennsylvania laws allow disinherited survivors to contest a will.

If your eccentric billionaire uncle decided in the last minute to cut you out of his will and leave his entire estate to the Save the Pigmy Possum Trust, take solace. You have the legal option of contesting the will. This does not mean you will be successful. Some Pennsylvania laws discourage will contests, and the process for contesting a will in Pennsylvania is complex. However, if you are successful, a court order can cancel the will and uphold your claim to inheritance.

Instructions

1. File a written objection, also known as a caveat, to the Pennsylvania Register of Wills. Include your grounds for contesting the will. The main grounds for contesting a will are duress or undue influence, fraud, forgery and failure to meet execution requirements. For example, you could claim the Save the Pigmy Possum Trust exercised duress on your uncle or that your uncle didn't have the mental capacity or sound mind required to create a will.

2. Present your argument to the Register of Wills. After you file your caveat you will be given a hearing date. Attend this hearing and explain your reasons for contesting the will. Bring any evidence or witnesses you can to support your case. If the register agrees with you, she can declare the will void and treat the deceased's estate as if there wasn't a will. This means a trust created by the will or funds donated to a trust will also be void.

3. Appeal to the Pennsylvania Orphan's Court. If the Register of Wills office did not agree with your arguments or you failed to present your caveat before it left the register, Pennsylvania laws grant you a maximum of one year to appeal.

4. Attend the appeal hearing at the Orphan's Court and explain again why you think the will is not valid.

Tips & Warnings

• File your caveat to the Register of Wills office as soon as possible. Once you file it, they cannot pass the will on to the Pennsylvania's Orphan Court -- the next step to probate a will -- until they hear your case. The earlier in the probate process you contest a will, the better your chances of success.

• The executor of the will does not have to grant you a full year to present your appeal to the Orphan's Court. If the executor or the will's beneficiaries present an order to show cause, your appeal time might be reduced to three months.

• Will contests can be lengthy and expensive in legal fees. Ensure you have the resources to go ahead with the legal process before you contest a will.

References

• Pennsylvania Conference of State Trial Judges; Anatomy of a Will Contest; Allstate’s Use of Credit Information to Evaluate Insurance Policies; February 2002
• Pennsylvania General Assembly: Decedents, Estates and Fiduciaries

Resources

• Pennsylvania Office of Attorney General: Estate Planning
• Dummies; Probing Probate: What You Should Know; N. Brian Caverly, Esq. and Jordan S. Simon