What are the grounds for contesting a will in Virginia?

Grounds for contesting a will under Virginia law include the following:

  • the formal requirements for making a will under Virginia law were not performed properly, rendering the document invalid as a will,
  • the document was not made with “testamentary intent,” meaning that the document sought to be admitted to probate as the decedent’s will was not intended by the decedent to be his or her last will,
  • the person who made the will lacked testamentary capacity to make the will,
  • the person who made the will was the victim of undue influence or duress at the hands of someone who is benefitted by the will, and
  • fraud.
Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims