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Seasoned Advice for Contesting a Will in Virginia

Extensive experience in will administration matters

Under Virginia law, the court honors only those wills it considers valid.  If there is suspicion of fraud or a reason to believe that the decedent was pressured by others in drafting the document, the heirs may contest or challenge the will in court. Although these cases are rare, our seasoned estate planning attorneys at the Miller Law Group, P.C. are ready and able to counsel you if you suspect a loved one’s will was improperly executed and to protect your will from any potential challenges.

What makes a will valid under Virginia law?

You must fulfill the following requirements to create a legally valid will in Virginia:

  • Age. You must be at least 18 years old.
  • Competency. You must be of sound mind.
  • Free will. You must act voluntarily, without any pressure, undue influence or fraud by others.

If your loved one’s last will and testament lacks any of these requirements, the law may consider it invalid and you may contest, or challenge, it in a legal proceeding. Contesting a will is a complicated process, so it’s important to consult an experienced estate-planning attorney who can advise you on the best legal ground for contesting the will.

Factors to consider before challenging a trust or will

Challenges to a will in probate court tend to be difficult legal proceedings. Although it may be easier to argue that a will was invalidly executed for technical reasons, such as improper witnesses, proving fraud or the deceased’s lack of free will may result in a prolonged, costly and stressful legal battle. The vast majority of wills go through probate without any challenges, but if you believe a wrong occurred, contact an experienced wills attorney to help you determine the strength of your case. Our estate planning lawyers have experience in drafting wills that stand up to potential court challenges as well as contesting wills for valid reasons.

Contact us for information on contesting a will

At the Miller Law Group, P.C., our skilled estate planning attorneys can help you draft your will in accordance with Virginia law to ensure its validity. With more than 30 years of combined experience, our attorneys and professional staff work hard to protect what’s important to our clients in Albemarle County and surrounding counties: their assets and their families. Call us locally at 434-202-5293 or contact us online today for your FREE APPOINTMENT. Our law firm is located behind the Senior Center in Charlottesville and is handicapped-accessible. Parking is available outside the door.

Serving the communities of central Virginia, including Albemarle, Augusta, Buckingham, Charlottesville, Culpeper, Fluvanna, Greene, Louisa, Madison, Orange, Harrisonburg, Staunton and Waynesboro