Legal Question in Wills and Trusts in Pennsylvania

Here is a typical attorney answer for you....it depends. Just by simply finding that the will is worded incorrectly does not necessarily make the whole will void, and simply declaring that will null and void, does not necessarily revive the previous will. In Pennsylvania there is an presumption that by creating a new will the intent of the person was to void the previous will.

So, that is the broad answer to your questions, I would need to know more facts before giving a more detailed opinion as to your unique situation.

I give free consultations and would be more than happy to speak with you for free. Feel free to contact me at 412-904-4469 or [email protected].

I look forward to hearing from you, and giving you a free consultation.

Hillary

Its not possible to answer your question without seeing the will and knowing the basis for the caveat proceeding. Do you have an estate attorney? If so, he will have to defend the caveat proceeding. If the will is tossed out as invalid, then the old will generally is not revived and the decedent will be deemed generally to have died without a will. Will the caveators stand to inherit a large chunk of change if the will is tossed out? On what basis are they challenging the will that was submitted for probate? Can some type of family settlement agreement be worked out whereby they get some money but not all what they are asking for? These are some of the questions that you will have to discuss with the estate attorney.