Objection to a Will and Contesting – Pankauski Law Firm – 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 was 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 that the person who executed the will didn’t understand what he or she was signing at the time, that they lacked 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. It needs to be in writing. It needs to be witnessed and the witnesses and the person making the will or signing 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 the 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 within the proper time frame, you may be forever barred from ever objecting to it 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 someone who understands them to read them. You may have only days to act.