At SBMB Law we are often asked, how does one go about challenging a will. A will in order to be valid has certain technical requirements. There acts which govern wills, which if it’s in original handwriting and signed by the testator, may be considered a valid holograph will or if it’s a typed prepared will and is properly witnessed by two people at least, can be considered a proper last will and testament in a typed form. Whether it’s proper or not has to do with a lot of things; did the testator really understand what he or she was signing, did they give due consideration, did they have full capacity to be signing or was there undue influence. All of these things raise potential concerns about someone’s last will and testament.
If you are concerned that someone’s will in your family or someone’s will in the family of a loved one is not a valid will, come and talk to us and we can start a process to challenge that will by filing in a court a notice of objection to the appointment of the executor, now called an estate trustee, to see whether it truly represents the testator’s real wishes or not.
Call SBMB Law at 905-884-9242 and we’ll help you get to the bottom of it or email Ron Bohm, Senior Litigation Partner with SBMB Law, at rbohm@sbmblaw.com.