Objection to a Will and Contesting - Pankauski Law Firm - Objection to a Will

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Objection to a Will: Common reasons to believe that a will is invalid or void include the following:

One - People may believe that the will is the product of undue influence, that somebody through coercion, duress or force, caused somebody to execute a will improperly. Two - A will may be invalid if you believe the person who executed the will didn't understand what he or she was signing at the time, that they lack the requisite mental capacity to sign a will. The third reason why a will may be declared invalid is if the will was not executed according to local law. In Florida and in many states, the requirements or the formalities for signing a will are very important. The will needs to be signed, the will needs to be in writing and it needs to be witnessed. And the person signing the will or writing the will need to sign it and be present in a particular order. If these circumstances don't exist, if the formalities for the execution of a will are not complied with, then that will may be invalid. It's your job to come forward to a probate court and alert everyone including the judge that you believe that that will was invalid and improperly executed.

One final note on objecting to a will: In Florida, like many states, you may only have days or months to object to a will. If you don't object to a will in the proper time frame, you may be forever barred from objecting to it ever again. And this may affect what inheritance you get, or whether you get one at all. So don't delay. If you start getting documents, court documents in the mail, don't put them down. Read them, or get somebody who understands them to read them. You may have only days to act.