Exploring Current Popular Topics in Estate Litigation in Pennsylvania
Friday, July 21, 2023
Estate Litigation in Pennsylvania

Estate litigation in Pennsylvania encompasses a range of legal issues arising from the distribution and administration of an individual’s assets upon their death. As the legal landscape evolves, certain topics emerge as popular areas of dispute within estate litigation. In this blog post, we will explore some of the current popular topics in estate litigation in Pennsylvania, shedding light on their significance and implications for individuals involved in estate matters.

Will Contests and Testamentary Capacity

Will contests continue to be one of the most prevalent issues in estate litigation. Disputes may arise when interested parties challenge the validity of a will, alleging factors such as undue influence, lack of capacity, fraud, or forgery. Testamentary capacity, which refers to a person’s mental and legal ability to create or alter a will, is a critical element in these disputes. Pennsylvania courts consider factors such as the testator’s understanding of their assets, the natural objects of their bounty, and the distribution plan outlined in the will.

Claims of Undue Influence

Allegations of undue influence frequently arise in estate litigation cases, particularly when beneficiaries believe that someone exerted excessive pressure or coercion over the testator, thus influencing the distribution of assets. Pennsylvania courts assess whether the testator’s free will was compromised, considering factors such as the testator’s susceptibility to undue influence, the influencer’s opportunity to exercise control, and any evidence of coercion or manipulation.

Fiduciary Duty Disputes

Fiduciaries, including executors, trustees, and guardians, owe a duty to act in the best interests of the estate and its beneficiaries. Disputes may arise when beneficiaries suspect a breach of fiduciary duty, such as mismanagement of assets, self-dealing, conflicts of interest, or improper accounting. In Pennsylvania, fiduciaries must adhere to a high standard of care, loyalty, and impartiality. Beneficiaries have the right to seek judicial intervention to address breaches and enforce the fiduciary’s responsibilities.

Intestate Succession and Family Disputes

Intestate succession occurs when an individual passes away without a valid will, leading to the distribution of assets according to Pennsylvania’s laws of intestacy. Family disputes can arise when different individuals claim a right to inherit under these laws. Complex family dynamics, including blended families, estranged relationships, or disputes over the identification of lawful heirs, can complicate the intestate succession process. Resolving such disputes may require legal action to determine rightful beneficiaries and protect their interests.

Elder Financial Abuse and Exploitation

Instances of elder financial abuse and exploitation have garnered increased attention in recent years. In the context of estate litigation, such abuse can involve manipulation or coercion of elderly individuals to modify their estate plans, alter beneficiary designations, or transfer assets improperly. Pennsylvania law offers protection against elder financial abuse, and legal remedies are available to victims or concerned parties seeking to rectify the situation and safeguard the elderly person’s assets.

As the landscape of estate litigation evolves in Pennsylvania, various popular topics consistently emerge as contentious issues. Will contests, claims of undue influence, fiduciary duty disputes, intestate succession conflicts, and elder financial abuse cases continue to shape the legal discourse in this field. Understanding these topics and their implications can help individuals navigate the complexities of estate litigation and seek appropriate legal remedies to protect their rights and interests. Consultation with an experienced estate litigation attorney is crucial when faced with such legal challenges to ensure the best possible outcome for all parties involved.


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