There are two ways under Virginia law to contest a will. First, within 6 months after the clerk of the court enters the order that probates the will, any interested person may appeal that order to the circuit court. The issue in these cases is whether the document admitted to probate actually is the decedent’s will.
The second way to contest a will in Virginia is to file a complaint in circuit court seeking to impeach (challenge) the will as being the will of the decedent. In such a case, the court is required by statute to empanel a jury to hear the case. The sole issue for the jury to decide is whether the will that has been offered is, in fact, the will of the decedent. The jury may also decide that some other paper produced at the trial is the actual will of the decedent.
