Harrisonburg Will Contest Lawyer

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