Will Contests & Caveats in Bucks County

A will contest is a legal challenge to the validity of a decedent's will. In Pennsylvania, a will contest begins with a caveat — a formal objection filed with the Register of Wills under Pa.O.C. Rule 6.3.

Grounds for Challenging a Will

• Lack of Testamentary Capacity: The testator did not understand the nature and extent of their property, who their natural beneficiaries were, or the effect of signing the will. Dementia, Alzheimer's, and similar conditions are the most common basis — but capacity is measured at the moment of execution, not generally.
• Undue Influence: A person in a confidential relationship with the testator (often a caregiver or one child) used that position to substitute their own wishes for the testator's free will. Pennsylvania recognizes a presumption of undue influence when (1) there was a confidential relationship, (2) the person in that relationship received a substantial benefit under the will, and (3) the testator was of weakened intellect.
• Fraud: The testator was deceived — either about the contents of the document they signed or about facts that influenced their testamentary decisions.
• Improper Execution: The will was not signed by the testator at the end, or was not witnessed by two competent witnesses as required by 20 Pa.C.S. § 2502.
• Revocation: The will being offered for probate was revoked by a later will, codicil, or physical act (destruction with intent to revoke).

The Process

A caveat must be filed with the Register of Wills. The Register then certifies the matter to the Orphans' Court for a full evidentiary hearing. The burden of proof falls on the proponent of the will — the person trying to have it admitted to probate. However, once the proponent establishes proper execution and that the testator was of sound mind, the burden shifts to the contestant.

Practical Realities

Will contests are emotionally and financially draining for families. They are expensive to litigate, difficult to win, and they destroy relationships. Before filing a caveat, consider: Is the evidence strong enough? Is the amount at stake worth the cost? Would mediation or a negotiated settlement better serve everyone's interests? We provide candid assessments — including telling clients when a contest is not worth pursuing.