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A Last Will & Testament is challengable if:
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the person who wrote the will was incompetent;
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the person was under the age of 18; or
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the person was unduly influenced by someone while writing the will.
Incompetency and Unduly Influenced are legal terms of art, and the person challenging the Will must prove that this was in fact the case. That involves producing evidence, witnesses, etc. before a judge in the Orphan's Court.
Most challenges tend to come from children or spouses who were disinherited. But, challenges can be made by others if they believe that there was incompetency or undue influence.
Will challenges are painful for families, and therefore, it's imperative that the attorneys try to settle the matter as soon as possible.
If you want more information about challenging a Will, please call our office at (215) 706-0200. |
The Law Offices of Jeremy A. Wechsler assist clients with Estate Planning, Wills, Trusts, Asset Protection, Special Needs Planning, Powers of Attorney, Will Challenges and Probate/Estate Administration in Willow Grove, PA as well as Abington, Hatboro, Dresher, Horsham, Bryn Athyn, Huntingdon Valley, Fort Washington, Jenkintown, Glenside, Oreland, Warminister, Wyncote, Ambler, Elkins Park, Flourtown, Philadelphia, Warrington, Cheltenham, Gwynedd Valley, Jamison, Feasterville Trevose, Richboro, North Wales, Blue Bell, Lafayette Hill, King of Prussia, Collegeville, Oaks, Phoenixville, Oxford Valley, Langhorne, Penndel, Bristol, Fairless Hills, Bensalem Plymouth Meeting and Furlong in Philadelphia County, Bucks County and Montgomery County.
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