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 In re Klionsky, 240 A.3d 987 (Pa. Super. 2020), a confidential relationship alone is enough to shift the burden. 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• Revocation: The will being offered for probate was revoked by a later will, codicil , or physical act (destruction with intent to revoke).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. 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? I give candid assessments, including telling clients when a contest is not worth pursuing.

Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): ✓ Verified Mar. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.