Will Contests, Trust Disputes and Fiduciary Litigation

A will contest is a legal challenge to the validity of a will. ThompsonMcMullan’s will contest attorneys represent clients when someone believes that the will was not properly executed, that the testator, or the person who made the will, was not of sound mind when they made the will, or that the will was influenced by fraud or coercion.

Through our decades of work in this field, we have established our firm as one determined to find creative solutions in challenging circumstances while avoiding unnecessary gamesmanship and courtroom sideshows. Over time, we have developed a reputation of integrity and composure we have found local judges value and respect. We can be counted upon to navigate the law with dexterity and to keep our sights set on its proper application to the maximum benefit of our clients.

Fiduciary litigation is a complex and demanding field. Our team of experienced attorneys have the skills and knowledge to navigate the complex legal landscape and protect your interests. We represent trustees, guardians, conservators, beneficiaries, agents pursuant to Power of Attorney instruments, corporate officers, executors, administrators, banks, trust companies, and charities in both pursuing and defending against claims, or in asserting the client’s position as an interested party in an estate or trust dispute. We aim to enable our clients to honor those obligations owed under the law or to pursue truth and justice, attentive to their unique best possible outcome.

By their very nature, matters addressed through fiduciary litigation are complex and fact-driven, and yet governed by a strict set of rules. We employ a variety of strategies to identify a satisfactory resolution without resorting to trial, but our experienced team is prepared to take legal action if necessary.

Our Will Contests, Trust Disputes, and Fiduciary Litigation practice includes:

• Will contests including in the case of a “no contest” will
• Trust disputes involving the question of whether the creator of a trust was of sound mind, was coerced, or was otherwise the victim of fraud
• Suits for aid and guidance
• Suits regarding will and trust interpretation, to construe the meaning or directives of a will or trust
• Fiduciary (executor, trustee, attorney-in-fact) mismanagement and breach of fiduciary duty claims
• Actions seeking the removal of a fiduciary
• Disputes between co-Trustees, co-Executors, or co-Administrators
• Disputes between beneficiaries, or between beneficiaries and fiduciaries
• Litigation seeking to establish or probate a will copy, to compel production of a will, to grant fiduciary powers, and other probate matters
• Claims and challenges to fees and commissions
• Trust modification or termination claims
• Suits seeking the appointment of a guardian and/or conservator

Contesting a Will in Richmond, VA

We understand that fiduciary litigation can be a stressful and confusing time for our clients. That’s why we take the time to get to know each client and their unique situation and work closely with them to develop a personalized strategy that meets their specific needs. We are committed to providing our clients with the highest quality representation and the best possible outcome.

Grounds for Contesting a Will in Virginia

Not all will contests succeed — Virginia law requires a legitimate legal basis to challenge a will. Our will contest attorneys represent clients pursuing challenges based on: lack of testamentary capacity (the testator did not understand what they were signing), undue influence (another person exploited the testator’s vulnerability to change the will’s terms), fraud or forgery, or improper execution (the will was not signed and witnessed in accordance with Virginia law).