Contested Wills in Staunton, Virginia

Find the right Contested Wills attorney in Staunton, VA

The laws of Staunton, Virginia permit 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 a considerable amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Staunton, Virginia?

Courts in Staunton, Virginia will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.

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 substantial 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 really 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 Staunton, Virginia will. What happens to the property that was going to be distributed according to its terms? Usually, 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." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally 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. Consequently, the old will can be given effect.

Can a Staunton, Virginia Contested Will Attorney Help?

Because a will contest can sometimes involve complicated legal and factual questions, as well as some very raw emotions, a skilled Staunton, Virginia attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Staunton

The city of Staunton is located in Augusta County, Virginia. It is a relatively older community comprised of about 23,000 residents. It was incorporated in 1871. Staunton was first settled by merchants, and its economic beginnings can be traced to the fields of trade, industry, and transportation. The city is locally known for being the birthplace of former U.S. President Woodrow Wilson.

Currently Staunton is an ideal tourist destination, as it has five separate districts with many sights to see. The arts and culture contribute greatly to Staunton's atmosphere, as can be seen by the American Shakespeare Center. The Center is home to the only replica of Shakespeare's Blackfriars Theatre in existence. Strict building codes have preserved much of Staunton's unique early-American architecture. This makes it a popular location for film and T.V. settings.

Staunton residents can enjoy many of the city's outdoor festivals and parades, such as the 4th of July Celebration. Country music is a favorite for many locals, as the city has produced many top-notch artists. The city is a genuine reservoir of American culture and history. Besides President Woodrow Wilson, Staunton has been the hometown of several lawyers, senators, and legislators throughout history.

Staunton lawyers typically file their cases at the Staunton General District Court located in the city. Many lawyers in Staunton, Virginia frequently participate in the city's many community service and outreach programs.

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