What happens when a will is contested in court?

When a will is contested in court, it means that someone is challenging the validity of the will. This could be because the person who made the will lacked the mental capacity to do so, because they were unduly influenced when making the will, or because they did not follow the legal guidelines for making a will in Virginia. In Virginia, a court decision to invalidate a will is referred to as “probate avoidance”. If the court finds the will to be invalid, the laws of intestate succession take over and the deceased’s estate is distributed according to the intestate laws. These laws vary from state to state, but in Virginia, the deceased’s estate goes to the decedent’s spouse, children, and other relatives in succession. The court may also determine that the will is partially invalid. In that case, the court will identify which clauses, or parts, of the will are invalid and the valid parts will still be enforced. Contesting a will can be a complex process and the proceedings may take a long time. Therefore, it is important to ensure that the will is properly prepared, contains all the necessary information, and is properly executed according to Virginia law. This is the best way to ensure that a will is not contested in court.

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What happens when a will is contested in court?

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