Contested Wills in Lynchburg, Virginia

Find the right Contested Wills attorney in Lynchburg, VA

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

Occasionally, 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 general 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.

You should remember that a will contest often results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Lynchburg, Virginia?

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

For instance, 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 significant 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 truly voluntary unless the testator knows what they're doing. Therefore, 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.

So, you've succeeded in contesting the validity of a Lynchburg, 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 Lynchburg, Virginia Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Lynchburg, Virginia attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Lynchburg

Lynchburg is part of the Commonwealth of Virginia with an approximate population of 75,600 people. It is located near the Blue Ridge Mountains and James River. Popular nicknames include the "City of Seven Hills" and "The Hill City."

Popular sites of the city include Poplar Forest, Amazement Square, the Lynchburg Museum, Point of Honor, Miller-Clayton House, Peaks of Otter, Blue Ridge Parkway, James River Heritage Trail and Nature Zone.

Lynchburg is home to many practicing, competent attorneys who practice in practically all areas of law. Therefore, residents do not have to travel far to have their legal needs taken care of.

Famous residents include Luke Jordan, Cedric Peerman, Faith Prince, Charlie Thomas, Skeet Ulrich, Phil Vassar, George H. Walker, Randall Wallace, and Robert E. Withers.

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