Will Contest Claims

Va Code § 64.1-88
Bill to impeach or establish a will.

After a decree or order under § 64.1-85 or under § 64.1-77, a person interested, who was not a party to the proceeding, may proceed by bill in equity to impeach or establish the will, on which bill a trial by jury shall be ordered to ascertain whether any, and if any how much, of what was so offered for probate be the will of the decedent. The court may also, if it deem proper, require all testamentary papers of the same decedent to be produced and direct the jury to ascertain whether any, or if there be more than one which, of the papers produced, or how much of what was so produced, be the will of the decedent.(Code 1950, § 64-84; 1968, c. 656.)

Common Claims

  • Decedent's mental capacity at the time the will was made.
  • Failure to follow the requirements for properly making or executing the will under Virginia law.
  • Undue influence by a person who held a position of trust and confidence with the decedent, and using this position to unduly influence the decedent regarding the provisions of their will.
  • Duress, or other means to force the decedent to include provisions in their will that they otherwise would not have included.
  •  Fraud