Tag Archives: will contests
2022 Year in Review for Trust and Estate Disputes
In today’s blog post, I discuss a few notable developments from this past year in the field of trust and estate disputes. New Standard For Undue Influence In Will Contest Cases First, probably the most notable development from this past year is that Virginia’s General Assembly adopted a law that provides for a new standard for undue influence in will contest cases. Senate Bill 554 added a new provision to the Virginia Code in Section 64.2-454.1. I wrote a lengthy blog post this past summer on the bill (which blog post can be found here), so I won’t repeat myself …
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Virginia Has A New Standard For Undue Influence In Will Contest Cases
Beginning July 1, 2022, Virginia has a new standard for undue influence in Will contest cases. For most Will contest cases in Virginia, the standard for undue influence will now involve a presumption that undue influence was exerted over the decedent (the deceased person). This is a profound change from the current (pre-July, 2022) state of the law (which merely created a temporary presumption that was extremely easy to overcome), and it will make it much easier to contest the validity of a Will in Virginia. Text of the New Law In the 2022 session, the General Assembly adopted Senate …
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