Contesting A Will

If a will is not properly executed or if a will is not executed under the right conditions, the will may be open to challenge and ultimately deemed invalid. A few things that may invalidate a will include:

  • Circumstances in which the person who wrote the will did not have the mental capacity or alertness to write a will, such as cases when a person’s medications or medical condition make it difficult to concentrate or maintain awareness of his transactions
  • Wills that have been executed by forgery or situations in which the person who allegedly wrote the will did not actually sign the will
  • Not having the correct number of witnesses or presentation of a will in which the witnesses or the notary did not actually see the deceased person sign their will
  • Evidence of undue influence such as when a key beneficiary takes specific action to see that the deceased person wills property to him, said actions including securing an attorney for the deceased person, paying the attorney fee for the deceased person to get a will done, sitting in the meeting when the deceased person met with his attorney to discuss the will, securing the witnesses and notary for the deceased person to execute his will and isolating the deceased person from other friends and family members to make sure the other friends and family members are not aware of the contents of the will

Our law firm handles all types of will and trust related litigation. If you believe your loved one’s will is not valid, or if you need to defend yourself against family members who are contesting a will that you believe is valid, contact our Miami will and trust attorney to learn how we can represent you.

Whether you are involved in a will contest or want to create a sophisticated trust for asset protection, call V C W Law, P.A., at 877-833-0101, or e-mail our Miami office today. We return all calls promptly and make home and hospital visits as necessary.

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