Will and Estate Lawyer in Virginia
Contesting a will in Virginia can be a complex and tough process, but it may be essential if you trust that a will is invalid or does not accurately reflect the wishes of the deceased. Here is everything you should know about contesting a will in Virginia:
Eventually, on the other hand; you need to get an experienced Will and Estate lawyer support for better understanding while contesting a will in Virginia.
Grounds for Contesting a Will in Virginia:
There are several grounds upon which a will may be contested in Virginia, including:
- Lack of testamentary capacity: This means that the person making the will (the testator) did not have the mental capacity to ensure the nature and extent of their property or to comprehend the nature and effect of their actions in making the will at the time the will was executed.
- Undue influence: This means that the testator was coerced, threatened, or unduly influenced by someone to make a will that does not reflect their true wishes.
- Fraud or mistake: The testator was intentionally misled or mistaken about the will’s contents.
- Improper execution: This means that the will was not executed in accordance with Virginia law, such as if it was not signed by the testator or witnessed by the required number of witnesses.
- Duress: This means that the testator was under physical or emotional pressure at the time of execution of the will.
Filing a Will Contest in Virginia:
To contest a will in Virginia, a person must file a petition with the circuit court within six months of the will being admitted to probate.
The petition must include the following:
- A statement of the petitioner’s interest in the estate;
- A statement of the grounds for the contest;
- A statement of the relief sought;
- The names and addresses of all beneficiaries and heirs of the estate;
- A copy of the will, if available; and
- Any other information or evidence that supports the petitioner’s case.
- If the petition is filed, the court will set a hearing date, and the parties involved can present evidence and arguments supporting their positions.
Challenging the Validity of a Will:
Sometimes, a will may be challenged because it is not valid or enforceable. For example, if the will was executed while the testator was under duress or lacked testamentary capacity, it may be deemed invalid. In such cases, the court may set aside the will and distribute the estate according to Virginia’s intestacy laws.
Costs of Contesting a Will:
Contesting a will can be a costly and time-consuming process. The petitioner may need to hire an attorney, pay filing fees, and cover other expenses related to the case. In addition, if the will contest is unsuccessful, the petitioner may be liable for the other parties’ attorney’s fees and other costs.
Contesting a will in Virginia is a serious matter that should not be taken lightly. Suppose you believe a will is invalid or does not accurately reflect the deceased’s wishes. In that case, consulting with an experienced probate or Will & Estate attorney is important to evaluate your options and determine the best course of action.
How to find the right team?
Contact The Law Offices of SRIS, P.C. for more on asset planning and tax savings; our estate tax lawyer Virginia can clearly understand asset planning.
Estate planning is quite complex when it comes to legal procedures. It would help if you learned about the technical aspects of the proceeding. Having a skilled lawyer by your side can provide you with valuable insights into the process. Understanding the process can support you in facing the case with much more confidence. Please speak to our Estate lawyers at The Law Offices of SRIS, P.C. We will explain the process to you and prepare you for the trial. You should always include crucial aspects of your Estate planning case and keep your lawyer updated with all developments in the case.