Estates and Probate | Will Contest | Undue Influence
Will Contest Lawyer | Blue Bell, PA
The Martin Law Firm, located in Blue Bell, PA has been serving local residents for over 10 years with Will contest matters, including claims of undue influence, in the Montgomery County, PA Orphan's Court. Our law firm also represents Blue Bell and Montgomery County, PA residents with Will probate and estate administration.
Our experienced Pennsylvania estates lawyer regularly meets with individuals who want to contest a Will. In discussing your Will contest matter, an Orphans' Court lawyer will listen carefully to your circumstances and then assess whether a basis exists for commencing a Will contest cause of action. One particular basis for a PA Will contest is the concept of undue influence. This concept is explained more fully below. We also represent executors or others who have been accused of an act that could form the basis for a challenge to the validity of a Will.
Ways to Contest a Will in Pennsylvania
A Pennsylvania Will contest challenges the validity or enforceability of a Last Will and Testament. Generally, issues that form the basis for a Will contest include: (1) lack of testamentary capacity; (2) undue influence; (3) fraud; (4) forgery; (5) mistake; and (6) insane delusion. Learn more about Montgomery County, PA Will contests here.
Undue Influence | Blue Bell, PA Estates Attorney
To prove undue influence, the burden is on the individual to show that: (1) a confidential relationship existed between a person and the testator; (2) the person receives a substantial benefit under the proposed Will; and (3) at or around the time the Will was executed, the testator had a weakened mental intellect. If an individual can prove these three elements, then the burden shifts to the person who benefits under the Will to prove the absence of undue influence.
Confidential Relationship: A confidential relationship exists when “the circumstances make it certain that the parties did not deal on equal terms, but, on one side there is an overmastering influence, or, on the other hand, weakness, dependence or trust, justifiably reposed.” Leedom v. Palmer, 274 Pa. 22, 117 A. 410 (1922).
Substantial Benefit: This term is subject to different views, but one case held that 25% of the net estate was not substantial.
Weakened Mental Intellect: A “weakened mental intellect” need not rise to the level of lack of capacity. “The . . . definition of weakened intellect is that it is a mind which, in all the circumstances of a particular situation, is inferior to normal minds in reasoning power, factual knowledge, freedom of thought and decision, and other characteristics of a fully competent mentality. Paolini Will, 13 Fiduc. Rep. 2d 185 (O.C. Montg. 1993).
Will Contest Procedure | Montgomery County, PA
Pennsylvania Will contests are usually very complex matters to litigate. Securing professional legal counsel for any Pennsylvania Will contest matter is highly recommended.
To contest a Will in Montgomery County, PA, a person must commence the matter by filing a Petition requesting the issuance of a Citation. The Petition must contain written averments and not general conclusions. The scrivener of the Petition must aver specific facts that, if proven, can lead to a successful outcome. In addition, the Petition must also have a form of decree, exhibits, consents or approvals as may be required. As such, hiring an experienced PA Will contest lawyer with knowledge of Wills and estates should be of primary concern for the individual seeking to contest a Will. If the matter arises in Montgomery County, PA, then a firm with familiarity with Montgomery County Orphan's Court litigation such as The Martin Law Firm should be contacted.
Will Contest Attorney | Blue Bell, PA Law Firm
The Martin Law Firm is a Blue Bell, PA probate and estate administration law firm. We are experienced in Pennsylvania Will contest matters including cases involving allegations of undue influence. Cases such as these are complex, and it is important to discuss the situation in great detail with an experienced Will contest attorney prior to commencing litigation. An experienced Will contest attorney can help you evaluate your case to help you decide whether your case has merit and whether pursuing the matter is worth your while. Moreover, if you have been alleged to have been involved in a scheme to unduly influence a testator of a Will, you should consult with an attorney immediately.
The Martin Law Firm offers a free case evaluation for you and your family. Please contact a Blue Bell, PA Will contest lawyer today at 215-646-3980.
We also help executors and administrators with Will probate and estate administration matters. Visit our Estates and Probate home pagefor more information.