Standing to Contest a Will in Pennsylvania.
You obviously need standing to contest a Last Will and Testament in Pennsylvania. A disinterested person cannot arbitrarily change the Will just because they want to. Standing is simple to determine: if you have something to gain if the Will is invalidated, you have standing. Usually, intestate heirs under Pennsylvania law, such as spouses and children, have standing to challenge a Will.
Additional Considerations in Will Contests.
No Contest Clauses in Pennsylvania Wills.
If the Will has a “no contest clause”, you may lose bequests under the Will if you challenge it unsuccessfully. Another name for that clause, in Latin, is the In Terrorem clause. However, there are provisions in Pennsylvania law that may protect your bequests under the Will in case of a contest. The law directs that 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. See 20 Pa. C.S. § 2521, Penalty clause for contest. It means having a reasonable, good-faith belief based on facts that a Will contest is justified. That holds even if the challenge ultimately fails.
Probable Cause to Contest a Will.
An example of probable cause is evidence of lack of testamentary capacity. More specifically, testimony regarding a testator’s health, mental state, or medical issues can establish probable cause. This savings clause does not guarantee that the Court will not enforce the In Terrorem clause. Even if you believe good grounds exist to challenge the Will, some risk remains that the judge rules against you. The judge may say there was no probable cause, and consequently you would lose the bequests under the Will.
Will Contests do not Affect Non-Probate Assets.
Remember that the Will only governs the distribution of the probate estate. The Will does not govern the assets that are jointly held with the right of survivorship or have beneficiary designations. Hence, it brings no benefit to you to contest a Pennsylvania Will if most assets are non-probate assets.
Examples of such assets are real property titled as Tenants by the Entirety (or Tenants by the Entireties), or Joint Tenants with the Right of Survivorship (JTRS). Usually, the instrument granting real property rights (the Deed) creates such title ownership. Examples of assets that pass by beneficiary designations are life insurance policies, and retirement plans (401K, IRA, SEP). Some investments may also have named beneficiaries. Finally, assets may pass through other non-probate methods, such as Trusts. You need to carefully consider these factors before bringing a Will contest in Pennsylvania courts.
The Process to Contest a Will in Pennsylvania.
Caveat – Objection to a Will.
If the Will has not been probated yet, you file a caveat. A caveat is an objection to the Will. The caveat must be filed quickly, before probate is finalized, and it requires posting a bond to delay probate beyond ten (10) days. If the Will is prepared by an attorney, and the execution (signing) of the Will is supervised by that attorney, the Will is presumed valid under the law. It is a significant presumption to overcome. On the other hand, if an attorney did not prepare and supervise the signing, there is no such presumption. To be a “self-proving” Will, admissible to probate without additional witness testimony or affidavits, the Will must have a Notary acknowledgment and an affidavit of two witnesses who witnessed the signing of the Will by the Testator
Appeal of Probate Decree by Petition.
If the Will has been probated by the Register of Wills, it is presumed valid and you cannot file a caveat. Instead, you must contest the Will by filing an appeal of the probate decree in Orphans’ Court under Pennsylvania statutory law, see 20 Pa. C.S. § 908(a). Then you must prove undue influence, lack of mental capacity, duress (pressure, coercion or threat of violence), fraud, fraud in the inducement, or another legal reason for invalidating the Will. You must file the appeal within a year, but it only affects the Will and the probate assets. It does not affect the beneficiary designations of life insurance policies, retirement plants, and investments.
Challenging Non-Probate Asset Beneficiary Designations.
In similar fashion, challenging beneficiary designations is possible on the same grounds as the Will, but it usually requires a separate petition in Orphans’ Court. The legal standards and burden of proof are very similar.
Bond Requirement.
In a Will contest, the Pennsylvania Courts may order the posting of a bond if there is an appeal to pay the costs and charges. If there is an order for bond, it must be filed within 10 days of the order, or the appeal is abandoned. There is no amount of bond specified in the statute, but for caveats it is between $500 and $5,000.
Legal Standard to Contest a Will in Pennsylvania.
Will Contests are Subject to the Clear and Convincing Evidence Standard of Proof.
The burden of proof (standard of proof) is clear and convincing evidence. There is a lot of word-play as to what “percentage” that may entail, but there is no clear definition from the courts of what that is. It is more than “preponderance of the evidence”, which is more likely than not (50.5% or 51% essentially), but it is less than “beyond a reasonable doubt”, which is the criminal conviction standard and which most legal scholars estimate to be above 90%. Clear and convincing evidence may be in the 70%-75% range, but, in any case, it is a heightened standard (i.e., significant proof) versus the preponderance of the evidence standard.
Pennsylvania Supreme Court case La Rocca Trust, 411 Pa. 633, 192 A.2d 409 (1963) is illustrative here. It held that to invalidate or reform a legal instrument, you need external evidence that is “clear, precise, convincing, and of the most satisfactory character”. Such evidence may include credible witness testimony, documents, and testimony of expert witnesses. It all depends on what you can prove. The Court will look at the entirety of the circumstances, and, if you present a convincing argument (it has to be clear and convincing), you may win.
Grounds for Contesting a Will.
There are several legal grounds for contesting a Will. Legal capacity to sign a new will, undue influence and weakened intellect, forged wills, fraud, and duress may all be valid grounds to contest a Will.
It should be remembered that it is very difficult to invalidate an attorney-drafted and supervised Will, even when it is signed shortly before death, at a hospital or a nursing home. The attorney can testify that the Testator was lucid and understood what he or she was signing. That testimony may even have greater weight than the medical records. See In Re: Staccio, 143 A.3d 983 (Pa. Super. 2016). In that case, Pennsylvania Superior Court held the execution of the Will by a sick, weak individual, with the help of his girlfriend, was proper when his attorney witnessed the signing and testified that the man was aware of his actions and signing the Will. Surprisingly, in that case, the attorney was the only subscribing witness.
Reasons to Challenge a Will.
Nevertheless, when you believe good grounds or probable cause exists to contest a Will in Pennsylvania, the challenge may improve the outcome and distribution of the decedent’s assets. The end result may be better by either invalidating the Will after a trial or by settling the matter in an acceptable manner, reaching a compromise of the claims.
Contact us Today to Discuss a Will Contest
We represent clients in Will contests and inheritance disputes in Bucks County and Philadelphia, PA. Will disputes and contests are difficult adversarial processes, estate litigation, so you need a skilled knowledgeable attorney on your side. Contact Estate Litigation attorney Leo Mikityanskiy at 215-357-1400 to make an appointment at our Southampton office.
