In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Pennsylvania Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...
Indirect proof is the most common way to prove undue influence. To do this, a person must establish by clear and convincing evidence the following: A person is in a ?confidential relationship? with the person making the Will; The person receives a ?substantial benefit? under the proposed Will; and.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
You may not contest a will simply because you do not like the contents. Pennsylvania law only allows you to contest a will on certain grounds including fraud, improper execution and forgery.
Improper Execution A will must be executed properly in order to be considered valid. This means that the person making the will must sign it in the presence of witnesses, who must also sign the will in the presence of the person executing the will. If the will was not executed properly, it may be declared invalid.
What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. ... The will must be notarized.
It is legal to handwrite a will in Pennsylvania. You should include two witness signatures in the written will, as well as your own signature and date.
Diminished or Lack of Testamentary Capacity. The testator must be 18 years of age and of ?sound mind? to make a will. If the testator is not 18 or if the testator is not of sound mind, then the will is not valid.