Every jurisdiction in Pennsylvania has specific rules that cover the signing of a trust or a will. Improper execution of a will means a will has not been witnessed correctly or hasn’t been signed appropriately. The same issues are connected to an improperly signed trust. An improper execution attorney in Philadelphia will help you if a will is currently going into the probate process with serious concerns that you believe are related to improper execution.
You don’t want a case like this to evolve into a big argument of he-said, she-said. You have to bring forward strong evidence indicating that the will was not executed properly. Such a claim might involve allegations against multiple people, like any witnesses who signed the original document or even the previous estate planning lawyer. Since there’s a lot on the line for all these people when you make such a claim, you must ensure that you know what you’re doing when filing this paperwork and making these allegations.
If the will was incorrect for any reason, such as the person being under undue influence of someone else or the testator not having the right capacity to sign the will in the first place, you must have some reason you think this beyond mere belief. A suspicion is not enough to convince the court, and you must prepare your claim accordingly. Your attorney will be helpful in putting together these claims supported by evidence, so you’ll want a meeting with your attorney right away.
A will that is not witnessed or signed correctly often comes about when someone uses a form based will they find online or a holographic will. While an estate planning attorney is not required for a valid will, a lawyer can help to avoid expensive and problematic will contests down the line. An improperly signed will causes confusion that might ultimately lead to a beneficiary hiring an improper execution attorney in Philadelphia. An improper execution lawyer in Philadelphia might discover that even the smallest error can lead to a dispute. If you believe that a will was improperly signed, it should be reviewed carefully by an estate planning dispute attorney. A will signed improperly might also be indications of fraud, forgery or undue influence, all of which can be raised as evidence in a will contest.
Improper execution might seem like a minor detail or something that doesn’t need to be worried about at the time of creating and signing a will, but in fact the very way that the will is signed could serve as the basis for a claim that the will was improperly executed or is invalid.
This means that a previous version of a will might be used after the initial will is determined invalid in court. There are many different reasons why a person who has developed a will wants to have all of the various instructions inside included appropriately. Of course, while you may not be around to deal with the issues of improper execution, it can add additional time, frustration and expensive money for your loved ones who are already grieving your loss and maybe confused by the probate and estate administration process. To avoid these challenges and to address concerns about improper execution when you identify a current will that may be affected by this, schedule a consultation directly with an attorney who is highly knowledgeable about these issues and who can advise you about what to anticipate and prepare you to file a litigated case.