To object to a will or a trust as invalid, that is, to attack the validity of a will or a trust in Florida, and have it (them) declared void, one must consider the renunciation rule. Generally, one cannot also receive a benefit from a will or a trust in Florida, and still attack that will or trust as invalid. You must renounce it. The renunciation of that will or trust in Florida may be conditional: such as conditioned on your success in that trust litigation or your probate litigation contest. However, a recent case, Fintak v. Fintak, decided August 23, 2013 by Florida’s Second District Court of Appeal, suggests that this rule is not applicable when the grantor or creator of the trust, is the one who is trying to set the trust aside.