Category Archives: Undue Influence
Why a Guardianship Proceeding Could be a Precursor to a Will Change
Did you know that in Virginia, a person who is the subject of a guardianship and/or conservatorship can still have the requisite testamentary capacity to enact or amend his will? As a result, there’s a huge potential for mischief by those seeking to be appointed a guardian and/or conservator. First, some background: several years ago, the Virginia Supreme Court reiterated – in the case Parish v. Parish, 281 Va. 191 (2011) – that a person can still have testamentary capacity to make a will (that is, the required mental ability), even if a court has appointed a guardian and/or a …
[ CONTINUE READING ]
New Law Enables Possible Recovery Of Attorney’s Fees On Grounds Of Undue Influence
Last year, the Virginia General Assembly adopted a new law that went into effect on July 1, 2014. Virginia Code Section 8.01-221.2. provides as follows: “In any civil action to rescind a deed, contract, or other instrument, the court may award to the plaintiff reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the deed, contract, or other instrument was obtained by fraud or undue influence on the part of the defendant.” In other words, the court has the option (note the use of the word “may”, as opposed …
[ CONTINUE READING ]
