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Q & A: How Do I Contest a Will in Virginia

Question

What are the grounds for contesting a will in the state of Virginia?

Answer

There are strict requirements for what must be included in a will and how it is to be written, dated, witnessed and signed in order to be valid. These are often referred to as the “Formalities” necessary for a will to be valid. Failing to comply with any of these requirements or “Formalities” may provide grounds for contesting a will. These defects more commonly arise in connection with "homemade" and handwritten wills, as well as wills that are not signed under the supervision of an attorney. Other grounds for a will contest include:

  • Undue Influence
  • Forgery
  • Lack of Testamentary Capacity

A will may also be invalid because it has been revoked or supplanted by a later will. If you have more questions about contesting a will you believe to be invalid, you should consult with an experienced lawyer to discuss the details of your case and all of your options under the law.

Speak to Our Team of Legal Professionals Today

At Obenshain Law Group, our lawyers are committed to helping clients throughout the state of Virginia resolve their will disputes. We are familiar with these types of cases, and we know which legal strategies have produced the best results for our clients. Our lawyers are prepared to put our skills and experience to work for you and stand by your side throughout your case. Call our office today to get the legal help you need.

Call (540) 318-7360 to set up a free consultation with one of our will contests lawyers.

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