Q: Can someone create a legal Will for me without me knowing? How does one void a Will?
A:
A person can draft a will (i.e. create a will), but a person cannot sign of you (unless you are legally found to be mentally incompetent or physically unable to sign--even then witnesses will need to be present). In other words, baring unusual circumstances a person cannot create a legally binding will without your knowledge, consent or signature.
If you are worried about this mysterious will having a legal effect there are two easy solutions to void it. First, if you have the mystery will, write "Void" and tear each page (it is actually better if you keep the torn/voided document as it is evidence of your repudiation). Second, you can draft another will (or amend an existing will you have). The new will (or amendment) can "repudiate all prior wills". Lastly, if you are really worried, you may want to check your local courthouse to make sure that the mysterious will was not filed.
On a non-legal note, it is recommended that you discover how this unconsented will came into existence and who participated in the creation of this document.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.