If my mom listed me in her Will as a sister and not a daughter, is that a valid reason to contest the Will?

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If my mom listed me in her Will as a sister and not a daughter, is that a valid reason to contest the Will?

Asked on December 9, 2014 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on the circumstances. If from all the circumstances (including how the will is overall written, how it was executed, your mother's mental health, etc. when she drafted and signed the will, etc.), it appears this was just a "typo" or other simple proofreading-style error, it would not provide grounds to contest the will; courts will not invalidate wills because of the sort of minor editorial mistake we all make from time to time.

On the other hand, if it appears from all the circumstances that your mother was not mentally competent when she created and executed the will, or that the will does not actually reflect her wishes, then this may be grounds to challenge the will.

You should take a copy of the will and review it and the circumstances with a probate or trusts and estates attorney.


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