Common grounds for will contest in Pennsylvania: Testimentary Capacity

The most common grounds for contesting a will are the following: 1. Lack of testamentary capacity. 2. Undue influence 3. Fraud or Mistake 4. Lack of Proper Execution 5. Insane Delusion 6. Improper Revocation 7. Forgery


Testimentary Capacity

Any person 18 or more years of age who is of sound mind may make a will.



A person is deemed to have testamentary capacity if he appreciates, in a general way, who his relations are and what property he possesses, and indicates an intelligent understanding of the disposition he wishes to make of it


Testator's Capacity

A testator's capacity to make a will must be tested as of the time the will was executed, although evidence of capacity or incapacity near the date of the will is admissible as tending to show the existence or lack of capacity on that date.


Insane Person

An insane person's will is invalid unless made during a lucid interval:



Once execution of a will is proven by the required two witnesses, presumption of testamentary capacity arises which can only be overcome by clear, strong and compelling evidence.