Contested Wills in Mechanicsville, Virginia

Find the right Contested Wills attorney in Mechanicsville, VA

The laws of Mechanicsville, 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 basic 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 contentious. 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 Mechanicsville, Virginia?

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

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are typically made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Also, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

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.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Mechanicsville, Virginia, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Mechanicsville, 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 Mechanicsville, 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 Mechanicsville

Mechanicsville, Virginia is an unincorporated community in Hanover County, with approximately 35,000 residents.

Mechanicsville is associated with several important battles during the American Civil War. These include the Battle of Beaver Dam Creek, The Battle of Gaines' Mill, and the Battle of Cold Harbor. Some of these battles are considered by historians to be very important turning points in the war.

As a result of these, and other important events from the time, Mechanicsville, Virginia is rich with historical sites, and professional and amateur archeologists frequently visit the old battlefields looking for artifacts. Mechanicsville, Virginia is also home to a local landmark - the large stone windmill which has been a fixture of the community since it was built in the 1970s. However, it fell into disrepair over the years. It was renovated in 2008, and fully restored to working condition.

If you live in Mechanicsville, Virginia and are in need of a good attorney, chances are you'll be able to find one. There are many Mechanicsville, Virginia lawyers (or lawyers from nearby) who can probably help you with just about any legal problem you might face.

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