What Happens When You Contest a Will in Richmond, Virginia?

As Alexa sat across the polished mahogany desk from her mother’s attorney, a sense of unease settled in the room. The heavy silence hung between them, punctuated only by the scratch of pen on paper as the estate administrator flipped through the pages of her late mother’s will. This meeting was meant to bring closure, a final farewell to a beloved matriarch and a smooth transition of assets. However, what unfolded before Alexa shattered her expectations and left her reeling with disbelief.

Alexa had always been close to her mother, Lisa, sharing secrets, dreams, and even discussions about inheritance. During countless evenings spent in the cozy living room, where they sipped tea and talked about life, her mother reassured Alexa that she would be well taken care of and that her two estranged siblings would not benefit from their family’s wealth. Yet, as the attorney outlined the asset distribution stated in the will, it became painfully clear that the reality painted on those legal pages bore no resemblance to the promises her mother had made to her.

The shock of seeing her siblings listed as primary beneficiaries, with generous portions of the estate assigned to them, left Alexa struggling with a mix of confusion and disbelief. How could this be? Had her mother’s intentions changed so dramatically at the end of her life? The discrepancy between the previous version and the version before her was jarring, raising questions about the validity of her mother’s last will and testament.

As Alexa’s mind raced with uncertainty and a growing sense of injustice, she wondered, “What happens when you contest a will?”

This blog, from an experienced Richmond will contest attorney, explains the process for contesting a will, exploring the legal grounds, heir challenges, and potential outcomes the person challenging the will can expect from will contest cases.

Continue reading to learn more, then contact us at (804) 653-3450 for personalized service and attention.

What is a Will?

Before we delve into will contests, let’s first define a will. A will is a legal document that stipulates the wishes of the person making the will for the distribution of their estate assets and care of their minor children, if applicable, upon their death. Virginia law recognizes several types of wills, including:

• Written Wills: These remain the most common type of will. The validity of a written will wholly relies on it being written and signed by the will maker, also known as the testator, and two witnesses.
• Holographic Wills: Virginia also accepts holographic wills, which are entirely written, dated, and signed by the testator’s hand. Although a holographic will can have legal validity, it’s more vulnerable to a will contest in probate, particularly relating to its authenticity and compliance with state law.
• Self-Proving Wills: Also called self-proving affidavits, these written wills have been signed and sworn to by the testator and two witnesses in the presence of a notary public. A self-proving will accelerates the probate process because the court can accept the will without contacting the witnesses who signed it.

In Virginia, people also like to create pour-over wills, which transfer any remaining assets not already in a revocable living trust into the trust after the death of the person.

What Makes a Will Valid in Virginia?

As a knowledgeable and experienced Richmond estate planning attorney knows, Virginia requires specific elements to render a will legally valid and binding and a clear representation of the final wishes of the person creating it. If the person died and neglected to include these vital components in their will, interested parties could pursue a will contest.

Requirements 

1. Testamentary Capacity: The testator must be of sound mind and legal age (18 years or older) at the time of executing the will. They should understand the nature of the document they are creating and its implications.
2. Voluntariness: The creation of the will must be voluntary, without any undue influence or coercion from others.
3. Proper Execution: The will must be in writing and signed by the testator or by someone else in their presence and at their direction. Additionally, the signing must be witnessed by at least two competent individuals who also sign the will in the presence of the testator.
4. Attestation Clause: Including an attestation clause, where the witnesses confirm that they observed the testator signing the will and that they signed it in the testator’s presence, can strengthen the will’s validity.
5. Revocation: If the person wishes to revoke or amend the will, they must do so in accordance with Virginia law. Simply destroying the original will may not be sufficient to revoke it legally.
6. No Contest Clause: While not required, including a no-contest clause in the will can discourage challenges to its validity after the testator’s death. No contest clauses deter beneficiaries from engaging in a will contest by threatening the forfeiture of their inheritance if they unsuccessfully challenge the document.
7. Legal Compliance: The will must comply with all relevant Virginia laws and regulations regarding estate planning and will execution.

Who Can Contest a Will in Virginia?

Virginia law dictates who has the legal standing to contest a will. If you’re the person bringing the matter to a contest, you must meet one of the following requirements:

• You are a beneficiary named in the current will or a previous will: If you were a beneficiary in a previous will but were removed or had your inheritance reduced in the current will, you may have grounds to contest someone’s will. 
• You are an heir at law: If you would have been a beneficiary under Virginia’s intestacy laws if no will had existed, you have the right to contest the will.
• You are an interested party: If you have a legal interest in the estate, such as a creditor or a child born after the deceased person executed the will, you may have standing to contest the will.

What are the Common Grounds for Contesting a Will?

Contesting a will in Virginia is a legal process that involves challenging the validity of the document. Common grounds for contesting a will in Virginia may include:

1. Lack of Capacity: One of the most common grounds for contesting a will is alleging that the testator (the person who made the will) lacked sufficient mental capacity to understand the consequences of their actions at the time they created the will.
2. Undue Influence: Contestants may argue that the testator was unduly influenced by another party when creating the will, leading to provisions that do not reflect the testator’s true intentions.
3. Fraud: Contesting a will on the grounds of fraud involves proving that the will was executed under false pretenses or misrepresentation, such as forged signatures or fraudulent inducement.
4. Improper Execution: Wills must meet specific legal requirements for execution in Virginia. Contesting a will on the grounds of improper execution involves showing that the will was not signed or witnessed according to state laws.
5. Forgery: If there is reason to believe that the signature on the will is forged or not that of the testator, contesting the will on the grounds of forgery can invalidate the document.
6. Ambiguity or Uncertainty: If the language in the will is unclear or open to interpretation, it may be contested on the grounds of ambiguity, leading to disputes over the intended meaning of certain provisions.
7. Revocation: Contesting a will based on revocation alleges that the testator had revoked the will or created a new one that supersedes the contested document but it was not properly executed.
8. Duress: Contesting a will on the grounds of duress involves arguing that the testator was coerced or threatened into making certain provisions in the will against their wishes.

If you are wondering whether a will contest is worth pursuing, consult a knowledgeable and experienced will contest lawyer. A contest lawyer can provide personalized guidance based on your specific circumstances and help navigate the legal process of challenging a will in compliance with Virginia laws.

Virginia Will Contests Begin with Filing a Complaint

If you think you have the legal standing for a will contest you have to file a complaint with the Circuit Court in the county where the testator lived. In most cases, you must file this complaint within one year from the date that the circuit court clerk admits the will into probate court.

However, exceptions to this rule include:

• Minors – If the person bringing the contest is a minor, the time limit starts when they reach 18
• Incapacitated Individuals – For individuals incapacitated at the time of probate, the probate court extends the time limit
• Individuals Not Served Personally – Individuals who were not served personally and did not join when the will was presented to probate court receive an extended time limit
• The Person Bringing the Contest was Proceeded Against by Publication – The time limit extends to two years if the person bringing the contest was proceeding against by publication, which refers to a method of providing notice to parties involved in a legal proceeding when their whereabouts are unknown or they cannot be personally served with legal documents.

In the complaint, clearly explain your reasons for initiating a will contest and provide evidence to support your claim. As a will contest lawyer knows, acting promptly to challenge your loved one’s will is urgent; exceeding the time limits can result in forfeiting your right to contest the will.

Due to the nuances of time limits and the legal complexities of contesting a will in Virginia, if you’re considering challenging the validity of a will, consult an experienced attorney. An estate planning attorney can provide legal advice and clarity on the specific rules and procedures involved in a will contest within the state’s legal framework. Furthermore, your attorney can let you know if it’s worth contesting the will and initiating a legal battle with a family member or multiple family members, depending on your unique circumstances.

Collecting Evidence

Successful will contests demand supporting evidence. This evidence may include medical records indicating that the person was mentally incompetent, witness statements suggesting undue influence, or handwriting analysis to prove fraud. An experienced will contest attorney can help you collect and present this evidence to the court. Your estate attorney may also recommend hiring experts, such as medical professionals or handwriting analysts, to strengthen your case.

The Role of an Executor in a Will Contest

As a probate attorney will tell you, if you are the executor (also known as the personal representative) of the will undergoing a contest, you have a legal duty to defend the will’s validity. This effort involves gathering evidence supporting the will’s validity and defending against the contestant’s claims. As an executor, you may find yourself in a difficult position especially if you are also a named beneficiary or have a personal relationship with the contestant. Seek legal guidance from an experienced probate attorney to help you fulfill your duties and protect your best interest.

Resolving a Will Contest

The cost of a will contest will vary depending on the specific circumstances. In some cases, mediation or settlement negotiations can resolve the contest, either of which can be less costly and less stressful than going to trial. Mediation involves a neutral third party who helps the contestants and the executor arrive at a mutually agreeable resolution. If they reach a settlement, the terms must be put in writing and submitted to the probate court for approval. However, if they cannot come to a favorable settlement, the case will proceed to trial, where a judge will hear evidence and render a decision.

Is a Will Contest Worth the Emotional Cost?

Contesting a will extracts a significant emotional toll on you and your family. Before initiating the process, consider the potential impact on your relationships with your siblings and other family members. As the person bringing the contest, you may feel justified that your decision will protect your interests and honor the testator’s true wishes; however, your loved ones may have an entirely different outlook. Be aware of the emotional challenges that may accompany the process, and consider seeking support from friends, family, or a mental health professional.

Seeking Professional Legal Guidance and Support

If you’re considering a will contest in and around Richmond, Virginia, seek the guidance of an experienced contest attorney. They can listen to the details of your case, collect evidence, and guide you through the legal complexities. The decision to initiate a will contest demands thoughtful consideration for legal, practical, and emotional reasons. However, if you believe that the decedent’s assets are not being distributed according to their true wishes or that the will is invalid, a will contest may be a suitable choice for you. A contest lawyer can help you weigh your options and make an informed decision.

Considering a Will Contest in and around Richmond, Virginia? Let the Contest Attorneys at PJI Law Offer Personalized Service and Attention

Initiating a will contest wreaks havoc on your mind and emotions during a time of mourning and family turmoil. At PJI Law, our will contest attorneys understand the delicate nature of these situations. Let us provide you with compassionate, personalized attention and guidance to help you through this harrowing process.

Whether you’re a named beneficiary, heir, or interested party who wants to contest a will on the grounds of lack of testamentary capacity, undue influence, fraud, or improper execution, our will contest attorneys will fight with you for fairness and justice.

If you’re considering a will contest in and around Richmond, Virginia, you don’t have to go it alone. The contest attorneys at PJI Law will be your guide and advocate. Call PJI Law, PLC at (804) 653-3450 or complete our online form to schedule your consultation.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

PJI Law, PLC
4108 E Parham Rd,
Richmond, VA 23228
(804) 653-3450
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