Occasionally, family members of a recently-deceased person in Ambler, Pennsylvania will attempt to claim that a will is invalid, usually because it leaves them out of it. This process is called a "Will contest."

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If a large amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause severe and irreversible damage to family relationships.

When Can a Will be Contested in Ambler, Pennsylvania?

Of course, an Ambler, Pennsylvania court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

So, you've succeeded in contesting the validity of an Ambler, Pennsylvania will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.

Can a Ambler, Pennsylvania Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Ambler, Pennsylvania attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.