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What can I do if I object to a will?

On Behalf of | Mar 23, 2020 | Firm News |

In order to understand what could make a will invalid, it might be helpful to think about how the courts perceive these documents. Then, by logical extension, you can better understand what could make the courts decide that will should be void.

You should also know that most wills stand on relatively firm legal ground. As explained on FindLaw, these documents represent the legally enforceable wishes of someone who has passed away. The courts take this seriously, as the deceased individual is not present to clarify or amend any statements.

Why make a will?

One item that could potentially invalidate a will would be undue influence. This is typically when someone exerts control over the writer of the will. This relates back to a person being able to communicate his or her wishes regardless of circumstance. As explained above, this type of communication is the entire point of this document.

Who can make a will?

Another concern that could make a will invalid is a lack of testamentary capacity. For example, if the person who wrote the will was panicked to the point of insanity, you could have grounds for opposition.

To understand this, simply look at who can legally make a will in Arkansas. According to state law, you must be 18 years or older and of sound mind. That means that you must be legally able to make a binding contract and that you must have the mental and emotional capacity to understand what that contract could mean for your family’s future.

Although there are several potential issues you might have with a will, it would be important for them to have a legal basis if you wish to pursue their resolution in court. These grounds are not always obvious, but you could potentially reveal some avenue of objection during a detailed examination of your case.