Challenging or Contesting a Will
When a family member or friend dies and you are omitted from the will, you may wish to challenge or contest the will if you believe you have been unrightly done out of your inheritance. This is a legal process and the court proceeding requires the contestant to offer proof or evidence that the will is invalid.
Flanders & Wade is a leading North Virginia legal services firm that can offer you sound advice on all aspects of contesting a will.
Our legal services are available to the residents of all of Northern Virginia, and in particular, McLean, Vienna, Fairfax, Reston, Arlington, Alexandria, Falls Church, Tyson's Corner, Sterling and Great Falls.
When preparing to contest a will, you will need to consider whether your objections will hold up in a court of law. Whilst it is perfectly understandable to feel slighted or hurt when left out of a will, you need to understand that there are only a few reasons why a court will accept that a will is invalid.
-The testator (person writing the will) lacked mental capacity or competence (also known as testamentary capacity)
-The testator was under undue influence
-The testator did not sign the will
-The will does not meet statutory requirements
The contestant will need to demonstrate any one or more of the above to the court, and this can be a difficult, time-consuming and expensive process, particularly without legal advice.
We can advise you on all of the issues surrounding will and testamentary challenges. Give us a call today at 703 563-4482 and take advantage of our experience and expertise in contesting a will.
Estate Planning Topics: Wills Checklist Challenging a Will Destroying a Will