Harrisonburg Will Contest Lawyer

Undue Influence

If mental capacity was not an issue, a will may still be invalid on the basis of undue influence. This occurs when a third party uses his or her influence over someone’s will in a way that benefits themselves. Claims of undue influence may arise in instances where a child prepares a parent’s will and uses that influence to leave themselves a more substantial inheritance than they might otherwise have received.

Undue influence is often difficult to prove, but in Virginia, a presumption of undue influence may arise under certain circumstances:

• There was a confidential or fiduciary relationship – like power of attorney – between the testator and the person you believe has exerted undue influence
• The testator had a compromised or feeble mental condition (not necessarily so feeble as to be incompetent)
• The person believed to have exerted undue influence was active in procuring the will or causing it to be prepared
• There was a prior will that showed that the testator had a different plan or intention as to the disposition of his or her assets.

Whether You're Challenging or Defending a Will, We Can Help

Will contests create complex family dynamics, and Obenshain Law Group has the experience and flexibility to represent clients on both sides of estate disputes. Whether you believe a loved one's will is invalid or you're defending the validity of an estate plan, our attorneys have successfully handled cases from every angle.

If you're challenging a will, we investigate claims of undue influence or lack of capacity, gather critical medical records and witness testimony, challenge suspicious circumstances surrounding the will's creation, and fight to recover assets that should rightfully be yours.

If you're defending a will, we protect the estate from frivolous challenges, preserve your loved one's final wishes as expressed in their will, defend against unfounded claims of incapacity or undue influence, and ensure the estate is distributed according to the testator's true intentions.

No Upfront Costs for Will Contest Cases

At Obenshain Law Group, we understand that will contests often arise during already difficult financial times for families. That's why we handle most will contest cases on a contingency fee basis – meaning you pay no attorney fees unless we achieve a successful outcome for you.

Unlike most law firms that require expensive hourly rates or large upfront retainers for will contest matters, we're willing to invest in your case because we believe in fighting for what's rightfully yours. This approach is uncommon in estate litigation, where many attorneys demand significant payment before they'll even review your case.

What this means for you:

• No attorney fees unless we win or settle your case
• No large upfront retainer required
• You can pursue justice without financial risk

This contingency structure allows us to level the playing field in will contest litigation, regardless of which side you're on. When you're already dealing with grief and family disputes, the last thing you should worry about is how to afford quality legal representation.