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Challenging a Will? Find Out How Estate Litigation Can Help

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:

  1. Meet with an estate litigation attorney – Your first step is to understand whether you have a case.
  2. File a challenge – This must be done in the proper Virginia court, usually within one year of probate.
  3. Build your case – Medical records, witness statements, and other evidence are key.
  4. 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.