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 20 Pa.C.S. § 906.

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. Under the three-part test established in In re Estate of Clark, 461 Pa. 52, 334 A.2d 628 (Pa. 1975), 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. Once these three elements are shown, the burden shifts to the will's proponent to disprove undue influence by clear and convincing evidence. For lifetime gifts (deeds, bank account changes, beneficiary designations), the standard is lower. Under Weir by Gasper v. Estate of Ciao, 521 Pa. 491, 556 A.2d 819 (1989), where a confidential relationship exists the law presumes the transfer voidable unless the person defending it shows that it was fair under all of the circumstances and beyond reach of suspicion. In Estate of Keiper, 308 Pa. Super. 82, 454 A.2d 31 (1982), a son-in-law holding a power of attorney moved nearly all of the decedent's liquid assets into joint accounts with his own wife while the decedent was terminally ill and recently widowed, wiping out the bequests in the decedent's will. The court held that the relationships of the parties, coupled with those circumstances, shifted the burden of proof to the recipient. Read more about the Clark test and undue influence claims.
• 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 as required by 20 Pa.C.S. § 2502, or cannot be proved by the oaths or affirmations of two competent witnesses as required by 20 Pa.C.S. § 3132.
• 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, and a party in interest must file the bond the Register sets under 20 Pa.C.S. § 906, in an amount not less than $500 or more than $5,000, within ten days of the later of the probate petition or the caveat. If no bond is filed in that window the caveat is considered abandoned, except as the Register extends the time for cause shown. Under § 907 the Register may certify the record to the Orphans' Court, and the court may direct certification on petition of a party in interest. Certification is the usual course in a genuine contest, but it is discretionary rather than automatic, and the Register has the power to take testimony under oath in the meantime. § 903. The initial burden falls on the proponent of the will , who must prove due execution: a will is proved by the oaths or affirmations of two competent witnesses. § 3132. Once due execution is established, the will is presumed valid and the testator is presumed to have had capacity. The burden then shifts to the contestant, who must prove incapacity or undue influence by clear and convincing evidence.

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, weigh the strength of the evidence, the amount at stake against the cost of litigation, and whether mediation or a negotiated settlement would better serve everyone's interests. I give candid assessments, including telling clients when a contest is not worth pursuing.

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.