SUDOKU
When You Can Do It, and When You Can’t One of our firm’s practice areas is handling family estate disputes. These sorts of cases can take numerous forms. But one issue that comes up often is the issue of “contesting” a loved one’s will. It seems we get calls about that often. Typically, someone is unhappy with the way a loved one left their estate in their will, and they want to know if there is any way to “contest” it. It is not uncommon for someone to feel short-changed or left out of their inheritance or confused by how their loved one handled their estate. YOUR GUIDE TO CONTESTING A WILL “Why did my grandpa leave all of his money to Cousin Betty?” they might ask. “I saw him once a week, and she only visited twice a year!” Another worry we hear is, “My friend passed away and he left everything to his girlfriend and nothing to his kids. I think she must have been manipulating him. What can I do?” In the vast majority of these cases, no legal basis exists for contesting a will. Most wills are drafted and signed with the assistance of a skilled attorney. Trained attorneys do not typically make mistakes in the technical requirements of a will, or in its wording. But in some cases, it is possible to contest a will. This is called “impeaching” a will. That said, you need strong evidence to successfully impeach a will. The court won’t take you seriously if you simply don’t agree with how your loved one handled their estate. When You CAN Contest a Will Assuming the will in question complies with the technical requirements of a will (that is another topic entirely), there are really two main circumstances in which a will may be successfully contested. 1. The person who made it lacked “testamentary capacity.” If your loved one didn’t have the mental capacity to understand who they were, what they were doing, and/or what was included in their estate or who the “natural objects of their bounty” were when they made their will, you can contest it. Ordinary confusion or moments of dementia don’t count here. The lack of capacity has to be such that they really did not understand what they were doing at the moment they created the will. 2. The person who made it was under “undue influence.” The bar for undue influence is extremely high. You basically have to prove that someone had a real or metaphorical gun to your loved one’s head while they were doing their estate planning. Guilt trips, persuasion, and other “common” forms of influence don’t count. When You CAN’T Contest a Will If neither of these scenarios describes your situation, and if the document in question was executed properly (it is a “will” under Virginia law), then you won’t be able to contest the will. If you think your loved one’s situation falls in the “CAN” category, call our office today. We can determine whether you really have a case and help you move forward with contesting the will.
SOLUTION
GRAPE, GOAT CHEESE, AND HONEY STUFFED SWEET POTATOES
INGREDIENTS
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4 sweet potatoes
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4 oz goat cheese, divided 2 tbsp honey, plus additional for drizzling
2 cups seedless red grapes
1 tsp grapeseed oil
1/4 tsp salt, plus a pinch 1/4 tsp pepper, plus a pinch
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Pinch of cinnamon Pinch of nutmeg
DIRECTIONS
1. Preheat oven to 350 F. 2. With a fork, poke holes in potatoes. Tightly wrap each in aluminum foil. 3. On a baking sheet, place potatoes and roast for 45–60 minutes, until potatoes are tender. Remove and unwrap foil. 4. With a knife, slit each potato down the middle. 5. Increase oven to 450 F. 6. On a nonstick baking sheet, drizzle the grapes with grapeseed oil. Add a pinch of salt and pepper and toss to coat. Roast for 20–25 minutes. 7. Using a spoon, remove sweet potato flesh while keeping shape intact. 8. In a large bowl, mash sweet potato flesh with 3 oz goat cheese, cinnamon, nutmeg, salt, pepper, and honey. 9. Scoop filling back into potatoes. Top with remaining goat cheese, grapes, and drizzled honey.
Inspired by HowSweetEats.com
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