How do I contest a will?

In West Virginia, contesting a will is done through probate court. The person contesting the will must first establish that they have standing in the case - meaning that the outcome of the case has a direct effect on their rights. They must then file a “Complaint to Contest Will” with the court. The Complaint will explain why the court should invalidate the will. In West Virginia, the court will consider factors like forgery, fraud, undue influence, and lack of testamentary capacity, or mental capacity, when deciding if a will should be invalidated. If the court finds any of these factors, the will will be declared invalid. Once the Complaint is filed, the court will then issue a notice of hearing. This notice will inform all interested parties of the time, date, and location of the hearing. The parties contesting the will must present evidence in support of their claim at the hearing. If the court rules in favor of the contesting parties, they will invalidate the will. The court will then user the current intestacy statute to administer the estate. This means that the court will divide up the estate among the surviving members of the family in accordance with West Virginia law. The process of contesting a will in West Virginia is complex and requires the support of a knowledgeable attorney. If you are considering contesting a will in West Virginia, contact a local probate lawyer for assistance.

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