Will Contests in Fairfax

A will contest occurs when a person is trying to dispute the validity of a will. This occurs after the probate process, in which someone files a will with the county in which the person dies and have the court acknowledge that person’s will to be their last will and testament in order for that person’s wishes to be followed.

A will could be contested by a family member or another person who feels like the will is not valid. This could be because there was a problem with the execution of the will or the will was executed in a way that was invalid. For example, if the person thought that the will was the result of undue influence, they might contest the will.

If you need skilled representation for will contests in Fairfax, reach out to a dedicated trusts and estates lawyer. They could guide you through the contest process and fight to make sure the decedent’s wishes are followed.

Role of an Attorney in Contesting a Will

In the realm of will contests, the attorney who drafted and executed the will with the testator could potentially serve as a witness to the fact that they were of sound mind when creating and signing the will. An attorney could testify that the testator understood what they were doing and that the will expressed their wishes. The attorney also has the obligation and responsibility of drafting the person’s will in accordance with the person’s wishes that were communicated to the attorney.

Litigation Surrounding Contested Wills

Unfortunately, the litigation surrounding contested wills can become somewhat ugly when the dispute centers around family members. In some cases, this process can break up families when family members expect to be named in a will as beneficiaries and then find out that they are not named in the will. Usually, the process is long and drawn out and can become expensive when litigation is prolonged.

Reasons to Contest a Will

One of the main causes of a person deciding to contest a will is when they expect to be named in the will, are not named in the will, and see some reason to contest it. For example, if they thought their family member or friend was unduly influenced, threatened, or did not have the capacity to make a will at the time the will was executed, those would all be reasons why a person would try and contest the will and find the dispositions of the people named in the will to be invalid.

How a Lawyer Could Protect a Will

Some ways that a lawyer can prevent a will from being contested is by asking the testator a number of questions at the beginning of the signing ceremony which can prevent these types of disputes. For example, an attorney can ask at the outset of the signing of a will if the person is of sound mind and capacity in order to execute the will. The attorney can ask the person if they understand exactly what it is that they are doing when executing the will.

They can verify that that person is 18 or older which would confirm that the person is of the legal age to create a last will and testament. The attorney can also make sure that the will is properly signed and witnessed by two individuals and then notarized. This ensures there is no question that the testator intended the document to be their last will and testament and also signed it.

The attorney may also have the testator execute the documents in front of the attorney and witnesses only to ensure that there is pressure or influence from family members. In addition, an attorney may have the individual sign every page of the will so that no pages can be inserted into the document.

Let a Fairfax Attorney Help With Your Will Contest

If you need representation for will contests in Fairfax, reach out to a skilled attorney. An experienced lawyer could also help with the drafting process to ensure there are no disputes when executing a will. Get in touch with an attorney today to schedule a consultation.