This is a multi-state form covering the subject matter of the title.
Pennsylvania Complaint to Contest Will
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FAQ
Heirs include spouses, children, parents, grandparents, and siblings. Heirs can challenge a will if they were forgotten or were left with an excessive share in the inheritance. Heirs have the standing to challenge a will because they would have obtained a share of the estate through the laws of intestate.
An optional no contest clause, also known as an in terrorem, penalty, or forfeiture clause, which may be included in a Pennsylvania will or trust instrument. The purpose of including this provision is to disinherit a contesting beneficiary.
contest clause ? also called a ?penalty clause,? or in legal circles, an ?in terrorem? clause ? is meant to prevent beneficiaries from challenging the will after the individual dies.
If someone was forced to create the document under duress, was deceived into signing, or had their signature falsified, then grounds may exist to contest. You may have a winning case if it can be proven that a last-minute change was made under the undue influence of someone else.
C.S. § 2521 governs no-contest clauses and states: A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings.
The main ?pro" to including a no-contest clause is that it often does effectively deter beneficiaries from bringing a legal challenge to the will. On the flip side, however, if there actually were any errors in the will or trust, the existence of the no-contest clause leaves no recourse for that beneficiary.
For example, say you have two grown children, one of whom cannot handle money responsibly. If you leave him $10,000, he might think twice about challenging your will, because if he sues and loses, the no-contest clause means he wouldn't get the $10,000.
