How To Contest A Will In Virginia

Introduction

            As a beneficiary and/or an heir-at-law of a decedent’s will, you will be (or should be) provided notice that the will has been probated. You can then request a copy of the recorded will from the applicable Circuit Court to review the contents of the will and identify what you may or may not be entitled to from the decedent’s estate. If you believe that the will may not be valid, you can file with the Circuit Court to contest the will.

Undue Influence

            The major reason for contesting a will is the belief that the decedent experienced undue influence from another individual at the time of execution of the will. For example, the decedent may have had a medical diagnosis of dementia and already had a will in place prior to their medical diagnosis. A beneficiary of the estate may unduly influence the decedent to update their will, cutting other beneficiaries out of the will so that they themselves receive more assets from the decedent’s estate. In Virginia, there is a presumption of undue influence. This means that in a court case, the Judge is to presume that undue influence was exerted over the decedent, unless evidence presented at trial is strong enough to determine that the decedent did in fact intend a purported will to be their true will.

Contesting a Will

            A complaint to contest a will can be filed by any person interested in the probate of the will, so long as they have not previously been before the court in a proceeding to probate the will. The complaint must be filed within one (1) year from the date of the order entered by the court related to the probate of the will. Trials related to will contests are generally held with a jury to determine whether or not the will offered to probate was a valid will of the decedent.

            If you would like to discuss your options, please call one of our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg) to discuss how our attorneys can be off assistance. Our team of knowledgeable elder law and estate litigation professionals is ready to provide you with the guidance and support you need throughout the process.

Special thanks to Owen Togna for editorial assistance in drafting this article.