By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
How a Probate Litigation Attorney Protects Your Family’s Rights
As a probate attorney serving Loudoun, Fairfax, Arlington, and Prince William, I see families contesting wills for a handful of recurring reasons.
If you believe a will does not reflect your loved one’s true wishes, understanding these grounds can help you act quickly and protect your rights.
Lack of Testamentary Capacity
A will is valid only if the person who signed it understood the nature of their assets, who their natural heirs were, and what the will would do.
When cognitive decline, advanced illness, or heavy medication clouded judgment, I gather medical records and witness statements to show incapacity at the time of signing.
Undue Influence
Undue influence occurs when someone exerts overpowering pressure that replaces the testator’s free will.
Red flags include sudden changes favoring a caregiver, isolation from family, and secrecy around the drafting process.
I build these cases with timelines, communications, and testimony from advisors and medical providers.
Fraud or Forgery
If a signature is fake, pages were swapped, or the testator was misled about what they were signing, the will can be set aside.
I work with forensic document examiners and notary records to uncover irregularities and prove fraud or forgery.
Improper Execution
Virginia law requires specific signing formalities with witnesses.
Homegrown or internet forms often miss these requirements.
I review witness availability, notary logs, and drafting attorney files to verify whether the will was executed correctly.
Mistake and Ambiguity in the Will
Vague provisions, conflicting clauses, or simple drafting mistakes can trigger litigation.
I use extrinsic evidence, earlier drafts, and attorney notes to clarify intent or ask the court for construction of the will.
Suspected Fiduciary Misconduct
Even when a will is valid, disputes arise if an executor withholds information, delays distributions, or mishandles assets.
I seek accountings, challenge improper actions, and ask the court for removal or surcharge when needed.
Unequal or Unexpected Bequests
Sharp departures from long-standing plans often signal a deeper problem.
I examine whether a late-stage amendment, new beneficiary designation, or suspicious trust change aligns with the testator’s true intent.
Steps I Take When You Suspect a Problem
- Assess deadlines and venue in the correct Northern Virginia court
- Secure medical, financial, and drafting records before they disappear
- Interview witnesses and obtain sworn statements
- File targeted motions for accountings and preservation of evidence
- Pursue mediation to resolve quickly or litigate decisively when required
How to Protect Your Family Before a Dispute Starts
- Use a qualified Virginia estate planning attorney
- Follow strict signing formalities with unbiased witnesses
- Keep detailed records of meetings and drafts
- Consider a revocable trust and consistent beneficiary designations
- Communicate your plan to reduce surprises and suspicion
Talk With Me About Your Case
If you think a will does not reflect your loved one’s wishes, early action can make the difference.
I will evaluate your grounds, explain your options, and move fast to secure evidence.
I help families across Loudoun, Fairfax, Arlington, and Prince William protect their rights in probate court.
Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.
— Adam L. Engel, Esq.
Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
