Legal Question in Wills and Trusts in Virginia
what entails the legal burden of proof to show that a person writing a will is of unsound mind to the point that the will can be contested? does it have to be a medically diagnosed psychiatric disorder? This person suffered from undiagnosed depression and committed suicide after specifically excluding the only family hier to the estate and liquidating all assets and leaving them to a boyfriend of three months?
1 Answer from Attorneys
Proof (whatever it may be) sufficient to convince the trier of fact by a preponderance of the evidence that the deceased testator was legally incompetent to execute the will at issue.
The facts which you've mentioned, if true, could certainly bear on the issue, but
(in my opinion) would not necessarily be dispositive.
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