Top Probate And Estate Planning Attorney Rory Clark Talks Strategy When Contesting A Will In Probate Court – Leesburg, VA

Leading Elder Law Attorney Rory Clark founder of the Legacy Elder Law Center in Leesburg, VA, pinpoints the legal implications of contesting a will. For more information please visit https://legacyelderlaw.com

Leesburg, VA, United States – February 28, 2023 —

Challenging the will of a recently departed family member can be done only for valid legal reasons – albeit causing consternation, shock and renewed heartache for loved ones. Here, Elder Law attorney Rory Clark pinpoints the legal implications of contesting a will.

For more information please visit https://legacyelderlaw.com

The founder of The Legacy Elder Law Center, Leesburg, VA., quickly points out that a challenge – although usually rare, but not unheard of – has to be grounded in valid legal reasons. A person cannot simply make a claim because they think they have been left out of a will.

Contesting a will has to be based on one of several legal grounds. They include fraud, someone exerting undue influence over the person before their death, or incapacity of the deceased when the will was written.

Further objections can be legally grounded with insufficient or inappropriate witnesses to the will, unclear details, or the existence of a later, valid will.

Mr Clark advised: “There is a clear point to be made here. Many leave their wills to be written until they are close to death or in their advanced years. Naturally, this could lead to a contest of the estate because the testator’s mental capacity could be challenged.”

“Rather than leave a will to the last minute, seek legal advice early from an attorney who is a specialist in this field and get an estate plan together. Then update it regularly.”

He said a contestation’s starting point is someone with ‘legal standing’ to contest the will. Interested persons are defined as beneficiaries such as loved ones, children, and family members. Heirs could challenge a will if they were left out or had a disproportionate share of the inheritance. 

Creditors and those who have a claim on the estate can also launch a legal objection.

‘’This is the initial legal requirement and can show that you should have been named in the will or that you were due to gain as a beneficiary if that person died without a will.’’

He advised that if you have standing, a will can be contested. Still, some will carry a ‘no-contest’ clause which outlines that an heir of a beneficiary who challenges the will and loses will be disinherited.

Another consideration is the statute of limitations on challenging a will. This is the deadline for filing a legal claim to ensure people can retain the right to challenge the will. ‘’If you are too late, you will lose the right to a will challenge’’.

Mr Clark said that the process would be to file a petition to the state probate court which informs the court that you intend to contest it. From here, the case could be settled or continue to a hearing where a judge decides if the will is valid.

Before going down this ‘contest’ route, a person should seek legal advice to establish the cost of such a challenge. One who loses a challenge will have to pay the winner’s costs – so it may not be cost-effective in terms of personal finances being lost and the amount in the will to be contested.

He added: “Those who are intent on launching a challenge must be completely comfortable with the impacts of it. Is taking a stance worth losing loved ones, family and friends in the long run? Are they prepared to fail? If they feel it is, they need to seek a probate litigation specialist to guide them through the process.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Rory Clark
Email: Send Email
Organization: The Legacy Elder Law Center
Address: Market Station, 108 South Street, SE, Suite 212, Leesburg, VA 20175
Phone: 703-783-1195
Website: https://legacyelderlaw.com

Release ID: 89090936

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