Contested Wills in Burke, Virginia

Find the right Contested Wills attorney in Burke, VA

The laws of Burke, Virginia allow certain people to challenge, or "contest" the validity of a will.

Sometimes, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Burke, Virginia?

A court in Burke, Virginia will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

So, you've succeeded in contesting the validity of a Burke, Virginia will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.

Can a Burke, Virginia Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A good lawyer in Burke, Virginia can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Burke

Burke, Virginia isa community in Fairfax County. Its population is nearly 60,000 people, as of the 2000 Census.

The area now known as Burke has been populated by humans since prehistory, but really began to come into its own as a town in the 1840s, when the construction of a railroad brought industry and jobs.

The railroad station, and the accompanying post offices and telegraph stations, proved strategically important during the American Civil War, with both sides fighting to control the town.

Modernly, like much of Fairfax County, Burke, Virginia is considered a suburb of Washington, D.C. After WWI, many employees of the federal government began to move to Burke, because the Capital was easily accessible, thanks to the railroad.

Burke, Virginia is served by several public transportation options that connect it to Washington, D.C., as well as major federal facilities in the surrounding area, such as the Pentagon.

Given the large number of government employees who live in Burke, as well as its residential character, it shouldn't be a surprise that there are plenty of Burke, Virginia lawyers who can handle a legal issue that the average person is likely to face.

Whatever legal matter you're facing, or think you might have to face soon, it's an excellent idea to, at the very least, speak with a Burke, Virginia lawyer.

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