Probate Lawyer Coatesville

Probate involves managing and distributing a loved one’s estate according to their wishes and state law. Brandywine Estate & Probate Lawyer offers dependable support from an experienced probate lawyer who serves families throughout Coatesville. If you’re navigating the probate process and need reliable legal guidance, call 484-285-5707 to arrange a consultation.

Can You Contest a Will During Probate

Disputes over a loved one’s will can be difficult and emotionally charged. If you believe a will does not reflect the true intentions of the person who created it, you may be wondering whether you can contest it. In Pennsylvania, and particularly in places like Coatesville, there is a legal process that allows for will contests under certain conditions. However, it’s not something that happens automatically or casually—it requires a strong legal basis and timely action.

Understanding What a Will Contest Is

A will contest is a formal objection to the validity of a will during the probate process. When someone passes away, their will is submitted to the probate court, which oversees the distribution of assets. If you think there’s a reason the will should not be accepted, you can file a challenge.

This process doesn’t apply simply because you feel the distribution is unfair or because you were left out. The court won’t overturn a will just because someone is disappointed. You must show that there is a legal issue that could invalidate the document.

Who Has the Right to Contest a Will

Not just anyone can challenge a will. You must have legal standing, which generally means you are an “interested party.” This typically includes:

• Heirs who would inherit under Pennsylvania’s intestacy laws if the will didn’t exist

• Beneficiaries named in a previous version of the will

• Individuals or entities who are named in the current will and whose share might be affected by the outcome

If you don’t fall into one of these groups, the court is unlikely to allow your challenge to move forward.

Grounds for Challenging a Will

There are several legal reasons a court may consider a will contest valid. These include:

Lack of capacity
The person who created the will (known as the testator) must have been of sound mind when they signed the document. If they didn’t understand the nature of their assets, who their heirs were, or what they were signing, the will may not hold up in court.

Undue influence
If someone pressured or manipulated the testator into changing their will, that may be grounds for a challenge. This often involves situations where a caregiver, relative, or other trusted person took advantage of the testator’s vulnerability.

Fraud or forgery
A will created or signed under false pretenses—or not signed by the person at all—can be thrown out by the court. You must be able to show that deception occurred and that it affected the terms of the will.

Improper execution
In Pennsylvania, there are specific requirements for how a will must be signed and witnessed. If these procedures weren’t followed, the document might not be valid. For example, if there were no witnesses or if the will was not signed correctly, the court might reject it.

Revocation
If a newer will exists or the original was destroyed with the intention of revoking it, the court may not accept the contested will. The most recent valid version usually controls the estate.

Timing Is Critical

You have a limited window to contest a will in Pennsylvania. Once the probate process begins, you must act quickly. In most cases, the deadline to file a challenge is one year from the date the will is probated. However, if you received official notice of the probate, your time to respond could be even shorter—typically just a few months.

Missing this deadline usually means you lose your right to challenge, no matter how strong your case may be.

What the Legal Process Looks Like

Contesting a will is a legal proceeding handled in the Orphans’ Court division of the local county court. In Chester County, this would be the Orphans’ Court in West Chester, which serves residents of Coatesville and surrounding areas.

The process involves filing a petition, presenting evidence, and potentially going through hearings or even a trial. You may need testimony from witnesses, medical records, handwriting experts, or others who can help prove your claims.

Because of the complexity involved, it’s important to work with an estate litigation attorney who understands Pennsylvania probate law. Mistakes in procedure or missed deadlines can prevent your case from being heard.

Possible Outcomes of a Will Contest

If the court agrees that the will is invalid, there are a few possible outcomes. The court might:

• Uphold a previous version of the will, if one exists and is valid

• Declare the estate intestate, meaning assets are distributed according to state law

• Partially invalidate certain sections of the will if only part of the document is affected

If your challenge is unsuccessful, the existing will remains in effect and the estate is distributed as written.

Risks and Costs to Keep in Mind

Challenging a will isn’t just emotionally difficult—it can also be costly. Legal fees, expert testimony, and the time involved can add up quickly. In some cases, a will may contain a no-contest clause. This means that if you challenge the will and lose, you may forfeit any inheritance you were otherwise entitled to receive.

It’s important to weigh the emotional and financial costs against the potential benefits. Sometimes mediation or negotiation among family members can resolve disputes without going to court. In other situations, a formal challenge may be necessary to protect your rights or expose wrongdoing.

Why Legal Guidance Is Essential

If you’re thinking about contesting a will in Coatesville or anywhere in Pennsylvania, don’t try to go it alone. A skilled estate planning or probate attorney can help you evaluate whether you have a strong case. They can also guide you through the legal steps and represent your interests in court.

Legal procedures around wills are not always straightforward. Having someone in your corner who understands the system can make a significant difference in how your case is handled—and how it’s resolved.

Trusted Support from a Knowledgeable Probate Attorney

Probate can be a complex and emotional experience, but the right legal guidance can ease the burden. Brandywine Estate & Probate Lawyer is here to support Coatesville families with a probate attorney who is experienced, compassionate, and detail-oriented. Contact us at 484-285-5707 to schedule a consultation and confidently move forward with the estate process.