Who can challenge a will?

In the state of Virginia, anyone with “standing” may challenge a will. This means they must have a personal interest in the outcome of the dispute. This typically includes family members, such as children, siblings, and spouses, and beneficiaries named in the will. The person who challenges the will must have a legitimate claim and assert it within the time limits set forth by the court. Generally, any interested party has four months to file a challenge in Virginia. If the challenge is not commenced in the designated period, the court will not accept the challenge. Challenges to a will are typically based on allegations such as lack of testamentary capacity, undue influence, or fraud. When a person challenges a will, they must provide evidence to support their claim. This may include testimony from witnesses or experts as well as documents or written statements. Additionally, people may challenge a will if they believe the deceased person has potential other heirs. These heirs may have been omitted from the will or not have been aware of their rights. In Virginia, a person who believes they have been omitted from a will must prove their relationship to the deceased and the inheritance they should have received. Therefore, anyone with standing may challenge a will in Virginia. This typically includes family members, beneficiaries named in the will, or potential heirs. The person challenging the will must file their claim within the set time limit and prove their claim with evidence.

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