How to Contest a Will That Involves a Trust in Pennsylvania
- 1). File a written objection, also known as a caveat, to the Pennsylvania Register of Wills. Include your grounds for contesting the will. The main grounds for contesting a will are duress or undue influence, fraud, forgery and failure to meet execution requirements. For example, you could claim the Save the Pigmy Possum Trust exercised duress on your uncle or that your uncle didn't have the mental capacity or sound mind required to create a will.
- 2). Present your argument to the Register of Wills. After you file your caveat you will be given a hearing date. Attend this hearing and explain your reasons for contesting the will. Bring any evidence or witnesses you can to support your case. If the register agrees with you, she can declare the will void and treat the deceased's estate as if there wasn't a will. This means a trust created by the will or funds donated to a trust will also be void.
- 3). Appeal to the Pennsylvania Orphan's Court. If the Register of Wills office did not agree with your arguments or you failed to present your caveat before it left the register, Pennsylvania laws grant you a maximum of one year to appeal.
- 4). Attend the appeal hearing at the Orphan's Court and explain again why you think the will is not valid.
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