Joe McIntosh, Esquire

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Delaware County Divorce Lawyer Articles


A last will and testament is usually taken at face value, but sometimes it should not be. Wills are contested for several reasons, including claims that the decedent was not of sound mind when drafting the will, when it is suspected that the decedent was taken advantage of, or when executor or trustee fraud is suspected.

We are familiar with the requirements of will contest, and we assist families and individuals who have rightful will contest claims. If you are considering contesting a will, we can look at the evidence you have to make your case. We are familiar with the strategies used by fraudulent parties and we can help you to ensure that your family assets go to their rightful beneficiaries.

To contest a will, you must have "legal standing", meaning that you have a legitimate connection to the validity or invalidity of the will. You must show how you are harmed or will suffer harm due to the terms of the will. You are also required to have a basis upon which you are challenging the will, such as suspicion that a will was drafted or changed under illegitimate circumstances or that the executor or trustee is acting fraudulently.

You will want to consider your motives for the will contest, the pros and cons of bringing the contest, and also whether it is worth the while to challenge the will at all. If the contest is substantiated, the court will look at prior wills, or in their absence, the court distributes the estate as it would if no will existed at all. So even if the will is found to be invalid, the person contesting it is not necessarily going to benefit from the ruling.

Contesting a will is no easy feat and it should not be done without some serious thought. Our attorneys will help you navigate the law and the court systems that hear will contests. We can help you determine whether you have a legitimate claim or if it is better left unaddressed.


Spousal support becomes necessary to ensure that both parties in a divorce receive the support needed to begin establishing their new life without a spouse. It is ordered to give spouses equal income during and after divorce. Spousal support is based on several factors including:

Learn more about divorce spousal support...


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