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Can Siblings Contest a Will?

Can Siblings Contest a Will?

It’s not uncommon for tensions to rise when a will is read after a loved one’s passing. Siblings may feel confused, disappointed, or suspicious if the terms don’t reflect what they believed their parents intended.

At Commonwealth Life and Legacy Counsel, we support families across Central Virginia through these sensitive situations.

In this article, we explain when and how a sibling may legally contest a will in Virginia, what grounds are valid for a challenge, and what steps to consider if you believe something isn’t right.

Who Is Eligible to Contest a Will?

The first step is figuring out who has the legal right, or standing, to step into court. Virginia limits will contests to “interested parties,” and the judge will dismiss anyone who cannot meet that test.

An interested party is usually one of two groups. The first group is named beneficiaries, which could be family members, friends, or even charities written into the document. The second group covers people who would collect under intestacy laws if the will were tossed out, such as children, spouses, or siblings not already included.

Simply sharing DNA with the person who died is not enough. If a cousin or distant relative would gain nothing even if the will vanished, that person has no standing to challenge it.

Grounds for Contesting a Will

A judge will not rewrite a valid will just because someone feels overlooked. The challenger must show a recognized legal flaw. Below are the main reasons Virginia courts will consider:

Lack of Testamentary Capacity

The person who made the will, called the testator, must have been of sound mind on the signing date. That means they roughly knew what property they owned, who their natural heirs were, and that the document would give property away at death.

Undue Influence

Undue influence appears when another person uses pressure or manipulation so that the sign will reflect the influencer’s wishes, not the testator’s. A common scene involves a caretaker who isolates an elderly parent and steers all decision-making.

Fraud

Fraud occurs if the testator signed based on deceit. Handing a parent a document labeled “health directive” that is secretly a will falls into this category.

Improper Execution

Virginia code sets formal signing rules. A written will usually needs the testator’s signature and two competent witnesses in the same room. Skip a required witness or use an improper signing method, and the will may not stand.

Existence of a Later Valid Will

If a newer will surfaces and meets all formal rules, it overrides earlier versions. Showing the court that such a later document exists can end the dispute quickly.

The list above is exclusive; feeling the distribution is “unfair” will not persuade a judge.

The Will Contest Process in Virginia

Once a sibling decides to challenge, the dispute moves into the probate court, where the estate is being handled. The court starts with the rule that a filed will is valid. The challenger carries the burden to prove otherwise.

Most contests begin with a “deposition of witnesses” petition or a civil complaint asking the clerk to deny probate. From there, the case proceeds like other lawsuits, with discovery, motions, and, if needed, a trial before a circuit court judge or jury.

Timeline and Milestones Table

Stage Main Task Who Acts
Filing A complaint or caveat is filed with the probate clerk Interested party
Response The executor answers and defends the will Personal representative
Discovery Exchange of medical records, witness statements, and drafts Both sides
Mediation/Negotiation Voluntary settlement talks to limit the cost Parties and attorneys
Trial The judge or jury decides validity Court
Appeal (optional) An unhappy party may appeal to a higher court Either side

Each estate is different, so the path may speed up or slow down, but the table highlights the checkpoints most families experience.

Potential Outcomes of a Will Contest

When the trial ends, the judge can take several approaches.

The Entire Will Thrown Out

If every part of the document is invalid, the court will look for a prior will. Absent that, the estate passes through Virginia’s intestacy statute that favors spouses, children, parents, and then siblings in that order.

Partial Invalidity

Sometimes, only one clause, such as a questionable bequest to a caretaker, is removed. The rest of the will stays in place, and the court figures out how to distribute the affected share.

Either outcome may spark further disagreements, so many families choose mediation before trial to keep control over the final arrangement.

The Effect of ‘No-Contest’ Clauses

A no-contest clause, also called an in terrorem clause, states that any beneficiary who challenges the will and loses forfeits the gift. Virginia courts often uphold these clauses, but only against someone who was already in line to receive property.

The clause does not scare off a sibling who was excluded entirely since that person risks nothing. Because the rules can be subtle, it helps to have advice from a probate lawyer before filing paperwork.

Statute of Limitations for Contesting a Will

Virginia gives challengers a narrow window. In most counties, a challenge must be filed within six months after the will is admitted to probate, though certain technical filings can extend that window slightly.

Missing the deadline bars the claim forever, even if strong evidence appears later. A quick review of court papers soon after the funeral can prevent painful surprises.

Facing Estate Disputes? Contact Commonwealth Life and Legacy Counsel

Will contests can create lasting family conflict and drain estate resources. At Commonwealth Life and Legacy Counsel, we help heirs across Charlottesville, Fluvanna, Louisa, and surrounding areas handle these challenges with care and clarity. Whether you’re defending a will or considering a challenge, call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348, email info@winget-hernandez.com, or visit our Contact Us page. A short conversation today may prevent months of stress tomorrow.