Skip to Content
Virginia Injury & Will Contest Attorneys
Top
Will Contest
Putting You & Your Family First
Turning Victims Into Victors

Our attorneys have recovered millions for our clients.

Harrisonburg Will Contest Lawyer

experienced will contest attorneys in virginia

At Obenshain Law Group, we handle will contests. We are trial lawyers who help individuals and families in disputes over the validity of wills and trusts. If you are involved in a will contest – whether you are challenging a will or defending a challenge to a loved one’s will, we may be able to help.

How much time do you have to contest a will?

According to Virginia law, individuals wishing to contest a will generally have one year to do so from the date the will is filed with the clerk. However, there are specific situations where the timeframe may be shorter. In order to ensure that your case is handled in a timely manner and that you do not run up against the Virginia statute of limitations, it's important to discuss your concerns with a professional will contest lawyer as quickly as possible.

Call us at (540) 318-7360 to schedule your free, confidential consultation with a will contest attorney in Virginia today.

    “Look no further than Mark for someone who will stand up to the bullies for you.”
    “Mark resolved everything to my satisfaction and the big-shots caved to every demand.”
    - Former Client
    “Mark and his team made us feel comfortable”
    “I would thoroughly recommend Mark Obenshain to anyone who is looking for representation to resolve their business dispute.”
    - Peter Lash, Beacon Services
    “Great lawyers!”
    “They always look out for their client's best interests!”
    - Chad Funkhouser
    “They are truly the gold standard in legal representation.”
    “From the moment I walked through their doors, I was met with professionalism, empathy, and a commitment to securing the best possible outcome for my case.”
    - Brendan
    “I highly recommend Mark Obenshain and his team!”
    “They made me feel at ease with my case in their hands and did everything they could”
    - Kaitlyn
    “I'm truly grateful for my case being in such great hands”
    “He did everything in his power to see through the end of what seemed to be an endless tunnel.”
    - Heather Hoover
    “Thank you for all you did.”
    “This company and their employees are great worked with us each step of the way”
    - Dennis
    “Top notch attorneys”
    “They believe in you and fight hard for you”
    - Tony Adams

WHY CHOOSE US?

  • We Work Closely with Healthcare Providers in Handling Our Clients' Claims
  • We are Well-Known by Insurance Companies and Their Adjusters
  • We Recovered Compensation Totaling Nearly $100 Million for Our Clients
  • We Represented Thousands of Clients and Handled over 150 Jury Trials

Common Reasons for Contesting a Will

Contesting a will is primarily about proving that a will should not be enforced exactly as it is written, or that an earlier (or later) will should actually be enforced instead for some reason. These are the two most common grounds for contesting a will or trust:

Lack of Testamentary Capacity

Your loved one’s mental state at the time his or her will was formed is very important to its validity in court. To execute a valid will, one must have testamentary capacity. If it can be shown that someone lacked testamentary capacity at the time they signed a will, a court can refuse to enforce the will, or set it aside.

In Virginia, there are a few things that must be true in order for someone to have the testamentary capacity to sign a valid last will and testament:

  • Must be over 18 years of age
  • Must understand the nature of the act they are performing – they have to understand what they are signing
  • Must know the names and his or her relationship to “the natural objects of the testator’s bounty.” This means that they must know the family members and friends they would want to provide for in his or her will
  • Must know the nature, condition and extent of his or her property
  • Must understand the will and its provisions

Old age, physical frailty, illness, failing memory, or even drug or alcohol addiction are not always enough to effectively contest a will. All of these are important factors and may be evidence of incapacity.

There may be a strong basis for a will contest on the basis of lack of testamentary capacity if any of the following were true at the point a family member or loved one formed his or her will:

  • They were under the influence of drugs, alcohol, or powerful medication
  • They had a documented mental illness that would have interfered with his or her ability to meet the above requirements
  • They experienced a serious brain injury, such as a contusion or concussion
  • They had Alzheimer’s or dementia
Have A Question About Will Contests?

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.

Regardless of your reasons for contesting a will, we can help you sort it out. Call us at (540) 318-7360 to schedule your free, confidential consultation with a will contest attorney in Virginia today.

TURNING VICTIMS INTO VICTORS

OUR ATTORNEYS HAVE RECOVERED MILLIONS FOR OUR CLIENTS
  • $1,450,000 Will Contest - Verdict
  • $800,000 Will Contest
  • $882,000 Will Contest
  • $400,000 Will Contest
  • Confidential Will Contest - Mental Incapacity
  • AV Preeminent
  • Super Lawyers
  • The Best Lawyers in America
  • Virginia Trial Lawyers Association
  • Legal Elite

READY TO GET STARTED?

Contact Us Today For A Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy