Estate Litigation · Probate Disputes

Will Contests in Pennsylvania: Challenging a Will for Undue Influence or Lack of Capacity

---

A will contest is a legal proceeding in which someone challenges the validity of a will in Pennsylvania’s Orphans’ Court, typically after the will has been admitted to probate, on the grounds that the testator lacked mental capacity, was subject to undue influence, or that the will was not properly executed.

Not every disagreement about a will is a will contest, and not every unhappy beneficiary has grounds to file one. Pennsylvania courts require specific legal bases for challenging a will, and the burden of proof shifts depending on the claim. Understanding what the law requires, and what evidence matters, is essential before deciding whether to pursue a contest or defend against one.

Will contests arise in a recognizable pattern. A parent dies. A new will surfaces that differs significantly from what the family expected. A caretaker, a new partner, or one favored child inherits substantially more than the others anticipated. The disinherited family members believe something went wrong, and they may be right. But believing something went wrong and proving it in court are two very different things, and Pennsylvania’s legal framework sets a high bar for overturning a will that has been admitted to probate.

At Lebovitz & Lebovitz, P.A., we represent families in will contests, estate litigation, and Orphans’ Court proceedings throughout Allegheny County and southwestern Pennsylvania.

When a Will Can Be Challenged

Pennsylvania law presumes that a will admitted to probate is valid. The person challenging the will bears the initial burden of presenting evidence that something was wrong with the will’s creation or execution. This is not a matter of fairness or family expectation. The question is whether the will, as a legal document, meets the requirements Pennsylvania law imposes on valid testamentary instruments.

A will cannot be challenged simply because the result seems unfair. A testator in Pennsylvania has broad freedom to leave assets to anyone, to disinherit children, to favor one heir over another, and to change their estate plan at any time. The law protects that freedom. A will contest succeeds only when the challenger can demonstrate that the testator’s freedom was compromised by incapacity, coercion, fraud, or procedural failure.

The recognized grounds for contesting a will in Pennsylvania are lack of testamentary capacity, undue influence, improper execution, fraud, and forgery. Each requires different evidence and follows different legal standards.

Lack of Testamentary Capacity

Pennsylvania law sets a relatively low threshold for testamentary capacity. The testator must have understood the nature of the act of making a will, the nature and extent of their property, and the natural objects of their bounty, meaning the people who would ordinarily be expected to inherit. The testator must also have been able to form a rational plan for distributing their assets.

This standard is lower than the capacity required for most other legal transactions. A person can have significant cognitive decline and still possess testamentary capacity. A diagnosis of dementia, Alzheimer’s disease, or other cognitive impairment does not automatically invalidate a will. The question is whether the testator had sufficient capacity at the specific time the will was executed, not whether they had good days and bad days or whether their condition later worsened.

Medical records are the most important evidence in capacity challenges. Hospital records, physician notes, neuropsychological evaluations, and medication logs can all help establish the testator’s cognitive state around the time the will was signed. Testimony from the attorney who drafted the will, the witnesses who observed the signing, and family members or caregivers who interacted with the testator during that period is also relevant.

Pennsylvania courts have consistently held that the existence of a lucid interval can be sufficient to support capacity even in a person with a progressive cognitive condition. The challenger must show that the testator lacked capacity at the time of execution, not merely that they were declining generally.

Undue Influence

Undue influence is the most commonly raised ground in Pennsylvania will contests, and it is also the most difficult to prove directly. Undue influence occurs when someone in a position of power over the testator substitutes their own wishes for the testator’s, overcoming the testator’s free will and causing the will to reflect the influencer’s desires rather than the testator’s own intentions.

The typical scenario involves a caretaker, a new romantic partner, or one child who has assumed control over a vulnerable parent’s daily life and finances. The testator becomes isolated from other family members. A new will appears, often drafted by an attorney the influencer selected, that dramatically changes the estate plan in the influencer’s favor. The other family members learn about the new will only after the testator’s death.

Direct evidence of undue influence is rare. The influencer and the testator are usually the only people present during the critical conversations, and the testator is no longer alive to testify. Pennsylvania courts therefore allow undue influence to be proven through circumstantial evidence.

Pennsylvania courts recognize a presumption of undue influence when three elements are present: the testator was of weakened intellect, a person in a confidential relationship with the testator received a substantial benefit under the will, and that person had the opportunity to exert influence. When the challenger establishes all three elements, the burden shifts to the proponent of the will to prove that the will was not the product of undue influence. This burden-shifting framework is critical because it changes the dynamics of the litigation significantly.

A confidential relationship in this context means a relationship where one person has assumed a position of trust and confidence over another, such as a caretaker, a power of attorney holder, or a family member who manages the testator’s finances and daily affairs. The relationship does not have to be formally defined. Courts examine the actual dynamics between the parties.

Improper Execution

Pennsylvania requires that a will be in writing and signed by the testator at the end of the document. Most wills are also witnessed by two competent individuals, although Pennsylvania law technically does not require witnesses unless the will must be proved by testimony. If the will does not comply with these formalities, it can be challenged on the basis of improper execution.

Common execution defects include a will that was not signed at the end of the document, a will that was signed by someone other than the testator without proper authority, a will with only one witness, and a will where the witnesses did not actually observe the testator sign or acknowledge the signature. Pennsylvania does not require notarization for a will to be valid, although a self-proving affidavit, which is notarized, simplifies the probate process.

Execution challenges are less common than capacity or undue influence claims because most wills drafted by attorneys comply with the statutory formalities. These challenges arise more frequently with handwritten or homemade wills, where the testator may not have understood the formal requirements.

Fraud and Forgery

A will procured by fraud is invalid in Pennsylvania. Fraud in the context of a will contest means that someone made a material misrepresentation to the testator, the testator relied on that misrepresentation, and the will reflects a disposition that the testator would not have made but for the fraud.

A common example is a situation where someone tells the testator false information about a family member, such as claiming that a child has been stealing from them or that a sibling has expressed no interest in inheriting, in order to induce the testator to change the will. If the testator changed the will based on that false information, the will or the affected provisions can be challenged.

Forgery, where someone fabricates a will or alters an existing one, is a separate ground. Forgery cases often involve handwriting analysis and forensic document examination. These cases are relatively rare but do occur, particularly when a will surfaces unexpectedly and the signature or handwriting appears inconsistent with the testator’s known writing.

Who Has Standing to Contest a Will

Not everyone can challenge a will in Pennsylvania. Standing to file a will contest is limited to persons who have a direct financial interest that would be affected by the will’s validity.

The most common contestants are disinherited heirs who would inherit under a prior will or under Pennsylvania’s intestate succession statute if the contested will were invalidated. Children who were left out of a new will, beneficiaries under a prior will that was revoked by the contested will, and heirs at law who would inherit if the decedent died without any valid will all have standing.

A person who would receive nothing regardless of the outcome, whether the contested will stands or is invalidated, generally does not have standing. The contestant must be able to show that they would be better off if the will were set aside.

Where Will Contests Are Filed in Pennsylvania

Will contests in Pennsylvania are filed in the Orphans’ Court Division of the Court of Common Pleas in the county where the decedent resided at death. In Allegheny County, the Orphans’ Court is located in the City-County Building in downtown Pittsburgh.

The contest is initiated by filing a caveat or a petition with the Orphans’ Court. If the will has already been admitted to probate, the contestant must generally file within one year after the will is admitted to probate. This deadline is strictly enforced, and missing it generally bars the claim entirely.

Orphans’ Court proceedings in will contest cases can involve depositions, document discovery, expert testimony on medical and cognitive issues, and ultimately a trial before the Orphans’ Court judge. Pennsylvania does not provide jury trials in will contests. The judge makes all findings of fact and conclusions of law.

What Happens After a Contest Is Filed

Once a will contest is filed, the estate administration typically slows or pauses while the litigation proceeds. The executor cannot make final distributions to beneficiaries while the validity of the will is in question, although the executor can and should continue to manage estate assets, pay necessary expenses, and preserve property during the pendency of the litigation.

Discovery is often the most critical phase. The contestant will seek the testator’s medical records, financial records, communications with the attorney who drafted the will, and records of the relationship between the testator and the alleged influencer. The proponent of the will may seek evidence of the contestant’s own conduct and motivations.

Many will contests settle before trial. The uncertainty and expense of litigation, combined with the emotional toll on the family, often motivate both sides to negotiate a resolution. Settlement in a will contest typically involves a redistribution of estate assets that differs from what the contested will provides but avoids the all-or-nothing outcome of a trial.

If the case proceeds to trial, the Orphans’ Court judge will hear testimony, review documentary evidence, and issue a decision. If the will is invalidated, the estate is distributed under a prior valid will if one exists, or under Pennsylvania’s intestate succession statute if no prior will is available. If the contest fails, the will stands as written.

Will contests involve high stakes, strict procedural deadlines, and complex evidentiary issues. Whether you are considering a challenge or defending an estate plan, early legal guidance is critical. For related topics, see our articles on executor duties in Pennsylvania, intestate succession, what happens to a house during probate, partition actions, and civil litigation.

---

Stephen H. Lebovitz is an attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania. He has been admitted to the Pennsylvania Bar since 1989 and also holds licenses in Florida and Maine. The firm handles will contests, estate litigation, and Orphans’ Court proceedings throughout Pittsburgh, Allegheny County, and Western Pennsylvania.