Contesting a Will in Pennsylvania: Grounds, Evidence, and Deadlines

A will contest in Pennsylvania is a formal challenge to a will that a court has accepted or been asked to accept, and it succeeds only when it rests on a specific legal ground backed by real proof. Disagreeing with how a parent divided an estate is not enough. For families in Allegheny County who suspect a will does not reflect a loved one’s true wishes, our estate litigation attorneys at McMorrow Law explain what it takes to bring or defend a challenge.

Who Can Contest a Will in Pennsylvania

Only an interested party has standing to contest a will. That generally means someone who would inherit more if the will were set aside, such as an heir under an earlier will or a relative who would take under Pennsylvania’s intestacy laws when no valid will exists. A person who is simply unhappy with the result but would gain nothing if the will fell cannot bring the challenge.

Five Legal Grounds for a Will Contest

Pennsylvania courts recognize a limited set of grounds. A will can be challenged for:

• Lack of testamentary capacity
• Undue influence
• Fraud
• Forgery
• Improper execution

Testamentary capacity means the person signing had a sound mind at that moment, so they understood the property they owned, knew who would ordinarily inherit from them, and grasped what the will was doing. Capacity is measured at the time of signing, not before or after.

Proving Undue Influence: The Three-Element Test

Undue influence is the most commonly raised ground, and it has a defined structure. Under In re Estate of Clark, 461 Pa. 52 (1975), a challenger who shows three things creates a presumption of undue influence: a confidential relationship between the beneficiary and the person who signed the will, a weakened intellect at the time the will was made, and a substantial benefit flowing to that beneficiary. Once those elements are shown, the burden shifts to the person defending the will to prove by clear and convincing evidence that no undue influence occurred.

Evidence That Decides Will Contests

These cases turn on documentation and testimony, not suspicion. Medical records from around the signing date often carry the most weight because they show the testator’s cognitive and physical condition. Notes from the attorney who drafted the will, testimony from the witnesses present at the signing, financial records, and statements from family and caregivers all matter. Expert testimony on cognition is common. Pennsylvania does not allow jury trials in will contests, so an Orphans’ Court judge weighs the evidence and decides.

The One-Year Deadline and the Allegheny County Orphans’ Court

Timing can end a case before it starts. To challenge a will before probate, file a caveat with the Register of Wills. Once a will has been admitted to probate, an interested party generally has one year from the decree to appeal to the Orphans’ Court under 20 Pa.C.S. § 908.

On petition, a court may shorten that window to three months, and it applies the deadline strictly. In Allegheny County, the Register of Wills at the City-County Building on Grant Street probates wills, and the Orphans’ Court Division of the Court of Common Pleas hears contests.

Get Advice on Your Allegheny County Will Contest

Whether you want to challenge a will or defend one as an executor, the sooner you act, the more options stay open. McMorrow Law handles probate disputes for families throughout Allegheny County, including McCandless, Pine, Ross Township, Hampton, and the City of Pittsburgh, from our Wexford office. To have our estate litigation attorneys review your situation, contact us or call 412-407-2816.