In some instances the duress involves the use of violence, while in other instances it involves the threat of violence or the threat of some other type of harm. If the testator did not execute the will voluntarily, then it would not be a valid will.
64.2 200 code of va code#
Under VA Code § 64.2-404, if there is clear and convincing evidence that the testator intended a document to be their will, the court may probate it even if all the formalities of execution were not present. There is a limited exception to the general rule of how a will must executed. The law requires that a will must be in writing and that the testator sign it in the presence of at least two competent witnesses. If the will was not executed in the manner required by Virginia law, it would not be valid. Under Virginia law, a person is competent to make a will if the testator must have been mentally competent at the time that they executed the will and the testator must have either reached the age of majority (18) or must have been an emancipated minor.
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A will contest can be based on an allegation that the testator did not have the legal capacity to execute a will. In addition to having standing, to contest a will the objectant must have legal grounds. The complaint must be filed within one year of when the will was accepted. The objectant can also file a complaint with the Circuit Court to impeach the will. This must be done within 6 months after the will is accepted. After the will has been accepted to probate, the objectant can appeal the order accepting the will. There are 2 ways that a person with standing can initiate a will challenge.
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Those who have standing to contest a will include beneficiaries named in the will, beneficiaries of a prior will, and intestate heirs. The Supreme Court of Virginia has described “interested party” as someone who has “a legally ascertainable, pecuniary interest, which will be impaired by probating a will or benefited by setting aside the will, and not a mere expectancy.” Martone v.
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This means that the person must have an immediate and direct financial interest in the matter. To object to a will, the objectant must be an interested party. Under Virginia law a will cannot be challenged by anyone who chooses to. However, if there are questions as to whether the will does indeed reflect the wishes of the decedent, the will can be challenged in a special type of lawsuit called a will contest. When created and executed according to the laws of Virginia, a will is a legally enforceable document. A will is a legal document that specifies who gets a person’s property once they have passed away.