Virginia Contested Estate Litigation Attorney

Why Create a Will?

A person creates a will, sometimes called a “Last Will and Testament” to give legally binding directions about the distribution of his property upon his death. When the individual creating his will has minor children, it can also be used to give directions for their care and maintenance. A clear and well-drafted will can resolve doubts among surviving family members and friends about disposition of specific property or “who gets what.” Finally, a will crafted as part of a comprehensive estate plan can save the estate, and thus its beneficiaries, thousands of dollars in Federal and state taxes and fees.

What is Required For a Will to Be Valid?

If a person dies as a resident of Virginia, his will is legally binding if it satisfies the requirements of Virginia law, even if the will was created elsewhere. A person is competent to create a will if he knows the extent of his property and the “objects of his bounty.” While Virginia recognizes handwritten or holographic wills, its statutes contain several requirements that suggest that it is a much better idea to have a type-written will prepared by an attorney and properly witnessed.

When an individual creates such a will, it’s generally considered valid and enforceable. There are, however, situations in which doubt exists regarding whether a document is actually the last will and testament of an individual, referred to as “the decedent”, when any of the following apply:

• There was fraud involved in the will’s creation
• Undue influence by another individual played a role in the will’s creation
• The will wasn’t executed (in other words, signed) by the decedent – or wasn’t entirely executed by the decedent
• The will wasn’t witnessed correctly
• The decedent lacked the capacity to execute a will at the time it was executed
• The decedent previously revoked the will
• The document otherwise does not comply with Virginia’s will statute

Challenging or Contesting a Will

Successfully challenging or contesting a will that has already been admitted to probate and satisfies Virginia’s technical guidelines is difficult. For example, there is a substantial burden of proof upon anyone who challenges the decedent’s testamentary capacity, or fitness, to create a will at the time it was executed. A similar burden of proof applies when there is a claim that even if the decedent had testamentary capacity, the will was the product of the undue influence of one of the beneficiaries. Lack of testamentary capacity and undue influence are the most common will challenges we see in our litigation practice.

Disputes Between Executors and Beneficiaries

Virginia law lays out specific rules about how a decedent’s estate is to be administered. When there is a valid will in place, it is the executor who performs these tasks. When there is no will, we say that a person died intestate. In that case, if there is still property to be distributed and/or other administrative tasks to be performed, such as the payment of taxes or debts, the person who performs these tasks is called an administrator.

Disputes about the administration of an estate, including the valuation and timing of the distribution of property, are the most common administrative challenges we see in our litigation practice. Although we always seek to resolve these disputes informally, among the beneficiaries, in some cases litigation, and the involvement of a judge are required.

You Need the Skilled Legal Guidance of an Experienced Virginia Contested Estate Litigation Attorney

Whenever there is a challenge to a will, or the administration of an estate, having focused legal representation on your side is paramount. The stakes are high and ensuring that your interests are protected matters. Mark Sharp at Culin, Sharp, Autry & Day, PLC is a formidable contested estate litigation attorney with decades of experience guiding complex cases like yours toward an advantageous outcome Learn more by contacting us online or calling 703-934-2940 in Northern Virginia or 540-349-1900 in the Piedmont Region today.