Legal Question in Wills and Trusts in Virginia

Left out of will

My mother made my brother exec. of will P.O.A. and sole bennificery of her estate. He is adopted by my parents. I have 3 sisters that are biologically theirs. Do We have any rights to contest will. We were not even mentioned in will.


Asked on 6/30/07, 10:03 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Left out of will

Sure you have a right(standing) to contest your parents' will. However, unless you can prove that your parents lacked the necessary testamentary capacity to properly execute the will(unlikely) or that the will was the product of undue influence, duress, coercion, or some other factor

that was brought to bear upon your parents and which, consequently, caused the will not to reflect their true intentions as to named beneficiaries, you would be unlikely to prevail in a challenge to the will in the circuit court having jurisdiction over the matter.

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Answered on 6/30/07, 11:53 am


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