Wills and Trusts Trial Attorney

(Serving Virginia Beach, Chesapeake, Norfolk, Portsmouth, Hampton, Newport News and Suffolk)

Will contests and trust disputes are deep-seated disagreements among family members and other loved ones. Whether you are contesting a will or bringing a complaint against a trustee, I can help.

Will Contests

A common type of estate litigation is the will contest. This is a court case about whether there is a valid will at all.

There are many factors that could contribute to the validity of a will. Three common factors are:

• The will was improperly executed.
• The will has been revoked.
• The person who made the will was incompetent or under the influence of drugs or alcohol at the time of drafting.

Bill to Construe a Will

In a Bill to Construe a Will, the heirs seek a Court's aid and direction about what a Will means. An executor or administrator may also use it.

There are many reasons to seek the Court's aid and direction about a will. Some examples are:

• A dispute among the heirs about what the Will means.
• A disagreement about who inherits under the Will.
• The Will is illegible.

The aid and direction of the Court is only available on legal matters of a difficult nature.

Probate a Lost Will

If a Will is lost, the Court can still order its probate. However, the person seeking to enter the Will into probate must prove the Will's content.

A lost will is admitted to probate by the family because:

• The family wishes to honor the decedent's wishes.
• To ensure clear legal title to certain property.
• To probate a copy of a Will.

If only some but not all of the Will is known, than the known part can be admitted to probate and the rest of the estate will pass under the intestacy laws.