Contested Wills in Fairfax, Virginia

Find the right Contested Wills attorney in Fairfax, VA

The laws of Fairfax, Virginia authorize 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Fairfax, Virginia?

Of course, a Fairfax, Virginia court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Fairfax, Virginia will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Fairfax, Virginia Contested Will Attorney Help?

Contesting a will is often hard, and never fun. However, the whole process can be made more bearable if you have the help of a reliable Fairfax, Virginia attorney, and the process will probably be much more manageable.

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

Life in Fairfax

Fairfax, Virginia is the county seat of Fairfax County. However, it is an independent city, so it is not technically part of the county in which it is physically located, but is a separate legal entity, over which the county doesn't exercise jurisdiction. It has a population of about 24,000 people. Fairfax, Virginia is part of the Washington, D.C. metropolitan area, and is generally considered a suburb of Washington, D.C. Fairfax is a popular place to live for people who have jobs in D.C., and given the large number of government and private-sector jobs in the Washington, D.C. area, Fairfax is a place that many professionals who are currently having trouble finding work are considering relocating to. Old town Fairfax recently underwent a major redevelopment, adding a new public library, along with tens of thousands of square feet of new retail and restaurant space, and nearly 100 upscale condominium units. There are many lawyers in and around Fairfax, Virginia. A good Fairfax, Virginia lawyer can make it infinitely easier to deal with just about any legal issue a person might face. If you or a loved one needs any legal assistance whatsoever, regardless of the reason, you shouldn't hesitate to contact a Fairfax, Virginia attorney.

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