Your parent had a will that you understood would divide the estate one way. Then, after your parent died, you learned that a newer will had been signed.
Maybe the new will leaves most of the estate to one sibling. Maybe someone who had recently begun handling your parent's finances now receives a substantial share. Maybe you were removed entirely, even though the earlier will treated the children similarly.
The change may be surprising, but surprise alone does not make a will invalid.
If your parent had the required mental capacity, they generally had the right to change the will, including making decisions that family members considered unfair.
If that change occurred while your parent was experiencing cognitive decline, depending heavily on another person, or becoming increasingly isolated, however, the circumstances surrounding the new will may deserve closer examination.
In Pennsylvania, an estate litigation matter involving a disputed will often turns on what was happening when the document was prepared and signed, not simply on whether the result disappointed someone.
A Late-Life Will Change Is Not Automatically Invalid
The timing of a new will can raise questions, especially if your parent signed it shortly before death. But Pennsylvania law does not invalidate a will merely because your parent was elderly, seriously ill, or chose to change a longstanding estate plan.
Under Pennsylvania law, someone who is at least 18 and of sound mind can make a will. A written will also generally must be signed at the end by the person making it, subject to statutory rules for situations in which someone cannot sign in the usual way.
That means the real question is usually not, "Why did my parent change their will?"
It is, "Was this actually my parent's valid and voluntary decision when the new will was signed?"
Answering that question requires looking at the circumstances surrounding the change.
Did Your Parent Have the Mental Capacity to Change the Will?
One possible basis for challenging a will is lack of testamentary capacity.
The relevant question is your parent's mental condition when the will was executed. Pennsylvania courts look at whether your parent understood the people who would naturally be expected to receive property, what property they owned, and what they wanted to do with it. Memory problems or illness do not automatically establish incapacity.
Consider a parent who occasionally forgot appointments but could still discuss family relationships, identify major assets, and explain why the estate plan was being changed. That situation is very different from a parent who could no longer recognize close family members, understand what property was owned, or follow a conversation about who would receive it.
Evidence from the period surrounding the signing can therefore matter. Depending on the case, that may include medical records, observations from people who saw your parent regularly, communications with the attorney who prepared the will, and testimony from people present when it was executed.
A diagnosis by itself does not answer the capacity question. What matters is how your parent's condition affected their ability to understand the will at the relevant time.
Was Someone Exercising Undue Influence Over Your Parent?
A different issue arises when your parent may have understood that a will was being signed but another person improperly influenced the decision.
Pennsylvania's undue-influence analysis generally focuses on three connected circumstances: whether your parent had a weakened intellect, whether the person who benefited had a confidential relationship with your parent, and whether that person received a substantial benefit from the disputed will.
If the contestant establishes those elements by clear and convincing evidence, the burden shifts to the will's proponent to demonstrate by clear and convincing evidence that the will was not the product of undue influence.
Those terms depend heavily on facts.
Suppose one sibling began managing bank accounts, arranging medical appointments, controlling transportation, and communicating with others on your parent's behalf. Around the same period, your parent became increasingly dependent on that sibling, and a new will substantially increased the sibling's inheritance.
Those facts do not automatically prove undue influence. They can, however, make it important to determine how the new will came about.
Who contacted the lawyer? Who scheduled the appointment? Who drove your parent there? Who participated in conversations about the estate plan? Was your parent able to speak privately with counsel? What had changed in their health or dependence on others?
The answers can be more revealing than the date printed on the will.
Being a Caregiver or Holding Power of Attorney Does Not Prove Undue Influence
It can be easy to focus on one fact that looks troubling in hindsight.
Perhaps the person who received more under the new will also held your parent's power of attorney. Perhaps that person lived with your parent or provided most of the daily care.
Those circumstances can matter, but they are not automatically proof that the will was improperly obtained. Pennsylvania courts treat the existence of a confidential relationship as a fact-specific question. Relationships involving powers of attorney, advisers, or family members can be relevant without being conclusive by themselves.
The larger picture matters.
A parent may legitimately decide to leave more property to a child who provided years of care or to reduce or eliminate another child's inheritance because that relationship changed.
A will contest requires more than showing that one person received more than another.
What Other Issues Can Affect a Will’s Validity?
Capacity and undue influence are common concerns, but they are not the only issues that can matter.
A dispute can also involve whether the document was properly executed, whether the signature is genuine, whether your parent was deceived about what was being signed, or whether another document had validly revoked or replaced the will.
Pennsylvania law has specific requirements governing the execution and revocation of wills. For example, a written will generally must be signed at the end, and Pennsylvania law limits the methods by which a written will or codicil may be revoked or altered.
The appropriate challenge therefore depends on what actually went wrong, if anything. A capacity case requires different evidence from an undue-influence case, and both differ from a dispute over whether the document was actually signed or validly executed.
What Should You Look For If the Will Changed Unexpectedly?
If you have concerns about your parent's final will, start with the documents and timeline rather than assumptions about why the change happened.
Try to identify:
- The date of the new will
- Any earlier wills or codicils
- How the distributions changed
- Who gained or lost under the new document
- Your parent's health and cognitive condition around the signing date
- Who was helping with finances, transportation, health care, or daily decisions
- Who arranged the meeting where the new will was prepared or signed
- Whether your parent was communicating independently with the attorney
- Emails, text messages, letters, or other communications concerning the change
- People who regularly interacted with your parent during that period
Those facts can help determine whether the situation points toward a legally recognized basis for challenging the will or simply reflects an estate-planning decision your parent was entitled to make.
Avoid altering, discarding, or writing on original documents. If relevant emails, messages, financial records, or other records are available to you, preserve them in their existing form.
How Long Do You Have to Challenge a Will in Pennsylvania?
This is one area where waiting can matter.
Once a will has been admitted to probate, Pennsylvania law generally permits a party in interest challenging the probate decree to appeal to the court within one year. The statute also allows the court, on petition of a party in interest, to reduce that appeal period to three months.
The correct procedure can also depend on whether the disputed will has already been admitted to probate or the challenge begins before probate is completed.
For that reason, if you learn of an unexpected will change, do not assume there will always be a full year to decide what to do. Determining whether and when the will was admitted to probate, and what has already occurred in the estate, should be an early step.
Start With What Happened When the Will Was Changed
Learning that your parent changed a will shortly before death can create understandable suspicion, particularly when the new document substantially changes who inherits.
But the change itself does not establish that the will is invalid.
The important questions are what your parent understood, how the new will was created, who was involved, whether anyone was in a position to exert improper influence, and what evidence exists from the period surrounding the signing.
Alan Natalie, Attorney At Law represents individuals and families in Erie County and throughout Northwestern Pennsylvania in will contests and other estate disputes. Attorney Natalie can review the current and prior wills, the circumstances surrounding the change, and the available records to determine what legal issues may be present and what options are available.
If you discovered that your parent changed a will before death and you are concerned about capacity, undue influence, or how the new document was created, contact Alan Natalie, Attorney At Law promptly to discuss the circumstances and any deadlines that may apply.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the law firm directly.