https://youemerge.com/butlercarels012 Thu, 16 Jul 2026 00:19:55 -0700 https://youemerge.com/butlercarels012/blog/21284/common-reasons-pennsylvania-wills-are-challenged-how-families-can-reduce-risk https://youemerge.com/butlercarels012/blog/21284 A Pennsylvania will contest attorney usually sees the same problems come up again and again. Knowing what those are can help families in Pittsburgh, Cecil, and across the state put together documents that hold up.
Lack of Capacity

The person signing a will has to have testamentary capacity. That means they need to understand what they're doing, what property they own, who their family members are, and how the will distributes their assets.
Capacity challenges usually come up when the person was elderly, ill, or in cognitive decline when the will was signed. If a new will surfaces that was signed shortly before death, especially one that changes long-standing plans, family members may question if the person really understood what they were signing.
Example

A Pittsburgh family discovered a new will their father signed six weeks before his death, leaving most of his estate to a recent caregiver. Medical records showed advanced dementia. The children challenged the will in Allegheny County Orphans' Court. The case took over a year to resolve.
Undue Influence

Undue influence happens when someone in a position of trust or power pressures a person into changing their estate plan. This is one of the most common grounds for will contests in Pennsylvania.
Warning signs include:
A caregiver or new acquaintance suddenly appearing in the will
Family members being cut out without explanation
Wills signed in secret without other family knowing
The influenced person becoming isolated from long-time family and friends
Changes made shortly before death

Undue influence cases are hard to prove but not impossible. Courts look at the relationship, the circumstances, and the pattern of the person's behavior.
Improper Execution

Pennsylvania has specific rules for how a will must be signed. Skipping steps opens the door to a challenge.
Requirements usually include:
The person signing must be at least 18
The will must be in writing
The person must sign at the end of the document
Two witnesses must be present (for a self-proving will)
Notarization for the self-proving affidavit

Handwritten wills, online forms, and DIY documents often miss one of these steps. When execution is off, the whole document may fail.
Later Documents

If the deceased signed multiple wills over the years, the most recent valid one usually controls. Old wills can create confusion, especially if family members find one they didn't know about.
Best practice includes clearly revoking earlier wills in the new document, destroying old originals, and keeping records of any changes. Firms like Kostrub Law Firm, PLLC in Cecil and Pittsburgh often help families organize these documents so the picture stays clear.
Family Conflict

Sometimes a will contest has less to do with legal grounds and more to do with unresolved family conflict. Siblings who never got along, second marriages that never fully integrated, or family businesses with hurt feelings all show up in Orphans' Court eventually.
Ways to reduce this risk:
Have real conversations while alive. Surprises after death often turn into lawsuits.
Use clear language in the will. Ambiguity invites arguments.
Consider a no-contest clause. Pennsylvania allows these with some limits.
Update the will after major changes. Marriages, divorces, and deaths in the family are triggers.
Keep beneficiary designations current. Life insurance and retirement accounts pass outside the will.

Practical Steps to Reduce Risk

Families in Pittsburgh, Cecil, and across Pennsylvania can lower the odds of a will contest by:
Working with an attorney rather than using an online template
Making sure the will is signed with the proper witnesses and notary
Documenting capacity through a physician's letter if there are any concerns
Avoiding last-minute changes when the person is seriously ill
Communicating with family about the plan when possible
Reviewing and updating the will every three to five years

None of these guarantees a challenge won't happen. They just make the will more defensible if one does.
When to Talk to an Attorney

If you're planning your own estate, the time to talk to a lawyer is now, while you're healthy and thinking clearly. If you're on the other side, questioning a will that doesn't seem right, an attorney can review the facts and help you understand your options.
This article is general information, not legal advice. If you have questions about a Pennsylvania will, the way it was drafted, or a possible challenge, talk with a Pennsylvania estate attorney who handles both estate planning and probate disputes.]]> Wed, 15 Jul 2026 11:59:48 -0700