How do I contest a will?

If you believe a will made in Virginia is invalid or has been improperly executed, you may want to contest it. To contest a will, you must file a complaint in the circuit court of the county where the deceased person lived or died. In the complaint, you must provide evidence proving that the will was not validly executed. Since the laws governing wills can be complex, it is important to have experienced legal advice in order to know what kind of evidence to present in order to prove your case. Examples of evidence include a failure to sign the will before witnesses, a will that is written in pencil, or a witness who can testify that the deceased person lacked mental capacity to make the will. Your complaint must also be served by someone other than you, such as a process server. This means that you must give the other parties involved in the will the opportunity to defend themselves and present counterarguments. The court may also appoint a guardian ad litem to represent the interests of any minor or incapacitated individuals who are affected by the will. If a court finds the will to be invalid, it can be set aside and the estate will be divided according to the laws of intestate succession or according to a prior will. It is important to note that contesting a will can be a long and expensive process. Therefore, if you decide to contest the will, make sure you have the evidence and legal representation necessary to prove your case.

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