Q: Can I Contest A Virginia Will?

Will contests are filed for many reasons. Disinherited persons often file will contests when they feel they were not adequately provided for in the deceased’s last will and testament. They may feel the will was not fair or not the true wishes of the person who passed on. Contesting the will is a good option for people in this situation.

Disgruntled beneficiaries also sometimes file will contests – especially when they feel they should have received more of the estate than what was allocated in the will. Having an attorney look into the circumstances surrounding the will can be invaluable to disgruntled beneficiaries.

Another common cause for a will contest? If a person feels their loved one was not of sound mind – lacking testamentary capacity – when they signed their will, they can file a will contest. Sick, elderly people often sign their will without truly understanding the ramifications of the action. Our team can help investigate the deceased’s true intentions.

Whatever the reasons for contesting a will, the burden of proof lies with the person filing. That means if you have issues with the way a will was written, you must prove – with solid evidence – that the deceased person had different intentions than what they signed off on.

In Virginia, there are statutes of limitations in place that could prevent you from filing a will contest. We encourage anyone considering contesting a will to reach out to our team as soon as possible.

Contact Virginia Attorney Sherri Nelson

If you need assistance, contact attorney Sherri Nelson. To set up an appointment call 757-220-6500, or click here to send an email.