Northern Neck Will Contest Lawyers

Wills represent an individual's final wishes regarding property distribution and often use techniques, such as trusts, to preserve property for future generations. However, many surviving spouses, adult children and other family members are surprised by the distributions made in their loved ones' wills. Challenging the validity of a will is a complex and difficult process. Courts are hesitant to alter the terms of the will unless a compelling reason exists.

Established in 1931, Dunton, Simmons & Dunton, L.L.P., strives to establish long-term relationships with our clients. Over our firm's more than 80-year history, we have helped generations of families throughout Virginia's Northern Neck develop estate plans, contest the validity of and uphold wills.

Challenging And Upholding Wills

At Dunton, Simmons & Dunton, L.L.P., attorney and Bill Curdts lead our estate litigation practice. Our lawyers work closely with clients wishing to challenge the validity of a loved one's will and with estate executors to uphold a will's terms.

Common reasons to contest the validity of a will include:

  • The will is the result of fraud or forgery
  • The testator completed the will under undue influence
  • The testator lacked testamentary capacity due to dementia, insanity or chemical dependence
  • The will was improperly witnessed
  • The will is not signed
  • A newer will exists
  • The will is ambiguous and must be interpreted by the probate court

We also provide aid and guidance when the terms of the will are unclear. We work closely with personal representatives to interpret the will's terms. When necessary, we petition the court for assistance with interpretation.

Honest, Reliable Legal Advice

Before undertaking a will contest, it is important to consult with an experienced attorney who can accurately evaluate your case and advise you on the best course of action.

In Virginia, many wills contain a "no-contest clause" stating that any unsuccessful challenges to the estate plan will result in the challenging party forfeiting any property left to him or her in the will.

At Dunton, Simmons & Dunton, L.L.P., we closely examine the will in question and investigate the circumstances surrounding its execution. We then provide clients with an honest, realistic assessment of their chances of successfully contesting a will.

Contact Dunton, Simmons & Dunton, L.L.P., at 804-435-5069 or 866-603-0774 to schedule a consultation with one of our Northern Neck will contest attorneys.