
Challenging a Will? Find Out How Estate Litigation Can Help
When a loved one passes away, their will should reflect their true wishes. But what if something doesn’t seem right? Maybe there are concerns about undue pressure, or perhaps a family member was unfairly excluded. In Virginia, certain people have the right to step in—but strict rules and deadlines apply.
At Commonwealth Life & Legacy Counsel, we know how emotional these disputes can be. Here’s what you need to know if you’re thinking about contesting a will.
Who Can Challenge a Will in Virginia?
Virginia law limits who can bring a challenge. Only people with a financial interest in the estate can do so.
This usually includes:
- Those named in the current or a prior will
- Heirs who would inherit if there were no valid will (according to Virginia law)
- Surviving spouses or others with a legal right to a share of the estate
Being related to the deceased doesn’t automatically qualify you.
Reasons a Will Can Be Contested
A will can’t be challenged just because someone disagrees with its terms. There must be a legal reason. Common grounds include:
- Lack of capacity: The person wasn’t mentally sound when the will was signed (such as during advanced dementia).
- Undue influence: Another individual pressured them into changing their wishes.
- Fraud or coercion: The will was signed due to deception or threats.
- Errors in signing: Virginia law has strict requirements for signing and witnessing a will.
What to Expect During the Process
Here’s how the process typically works:
- Meet with an estate litigation attorney – Your first step is to understand whether you have a case.
- File a challenge – This must be done in the proper Virginia court, usually within one year of probate.
- Build your case – Medical records, witness statements, and other evidence are key.
- Resolution – Some cases settle before trial. If not, a judge will decide whether the will stands.
If the will is found invalid, Virginia’s laws for distributing property will apply.
Protect Your Loved One’s Legacy
If you believe there’s a reason to challenge a will, don’t wait. Deadlines in Virginia are strict, and acting quickly can make all the difference. At Commonwealth Life & Legacy Counsel, we’re here to guide you through each step and protect your rights. Call us in Central Virginia at 434-589-2958 or in Powhatan at 804-598-1348, or visit us online to learn more.