By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
Contested Wills in McLean, VA | Probate Disputes in Fairfax County
When Probate Turns Into a Dispute
In McLean, probate usually begins as a routine process of validating a will and distributing an estate through the Fairfax County Circuit Court.
But sometimes, family members or beneficiaries question whether the will is valid.
When that happens, the process becomes a will contest, a legal dispute that can delay probate, strain relationships, and significantly impact the distribution of assets.
Common Reasons Wills Are Contested in Virginia
Virginia law recognizes several valid grounds to challenge a will:
- Undue Influence – Claims that someone manipulated or pressured the deceased into signing a will that does not reflect their true wishes.
- Lack of Capacity – Arguments that the deceased did not understand the nature of their assets, their heirs, or the consequences of the will at the time of signing.
- Fraud or Forgery – Evidence that the will was altered, falsified, or created under deceptive circumstances.
- Improper Execution – Proof that the will was not signed or witnessed in compliance with Virginia’s strict legal requirements.
These claims are serious, and the burden of proof rests on the person contesting the will.
How Fairfax County Probate Courts Handle Contested Wills
When a will is challenged, the case is heard in the Fairfax County Circuit Court, which has jurisdiction over probate matters for McLean residents.
The process typically includes:
- Filing a Formal Objection – An interested party (usually an heir or beneficiary) must file a petition to contest the will.
- Discovery and Evidence Gathering – Both sides collect documents, medical records, financial statements, and witness testimony.
- Court Hearings or Jury Trial – Depending on the case, a judge or jury determines whether the will is valid.
- Court Decision – If the will is upheld, probate continues as usual. If the will is invalidated, a prior valid will may apply, or the estate may pass under Virginia’s intestacy laws.
Contested wills can extend probate timelines significantly — from several months to over two years in complex cases.
Strategies for Protecting Family Interests
Families in McLean facing a will contest should be proactive. Steps include:
- Seek Legal Counsel Early – An experienced probate attorney can quickly assess the strength of a claim and advise whether to fight, settle, or mediate.
- Preserve Key Evidence – Medical records, financial documents, and correspondence can support or defend against allegations of undue influence or incapacity.
- Consider Mediation – In many cases, negotiation or mediation avoids prolonged litigation and helps preserve family relationships.
- Maintain Transparency – Executors should communicate openly with beneficiaries to reduce suspicion and prevent conflicts from escalating.
Why Legal Guidance Matters in McLean Probate Disputes
A contested will is more than a family disagreement — it’s a formal legal battle in Fairfax County court.
Without experienced representation, families risk costly delays, reduced inheritances, and outcomes that may not reflect the deceased’s wishes. A McLean probate attorney helps families:
- Understand their rights and obligations.
- Build or defend a strong case with proper evidence.
- Navigate court procedures efficiently.
- Protect assets from unnecessary depletion through prolonged disputes.
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.
