Grounds For Contesting A Will In Florida
People create wills to express their wishes for their estate after they pass away. Wills can serve many purposes, including outlining how a person wants their property distributed upon their death and naming a guardian for their minor children. Still, not all wills are enforceable and individuals with an interest in the estate can sometimes contest, or challenge, the legality of a will. If you need to contest a will, you are generally asking a probate judge to declare it void and throw out a portion of the document, or the will in its entirety.
You cannot contest a will for any reason, or simply because you do not agree with the provisions it contains. You must state the grounds as to why it is invalid. Below, our Volusia County wills lawyer outlines the grounds for contesting these documents.
State Law Requirements are Not Met
State law in Florida outlines very clear requirements for all wills drafted in the state. For example, the testator, or the person creating the will, must sign the will in the presence of two witnesses. The witnesses must also sign the will in the presence of each other. All wills must also be in writing. If the will fails to meet any of the requirements, interested parties can file a will contest to challenge it and have it deemed invalid.
Undue Influence
Undue influence occurs when a testator was coerced into writing a will or including certain provisions within it by someone who will directly benefit from it. For example, a nursing home staff member may threaten a resident with harm if they are not included in the will. Simple persuasion is not considered undue influence. Instead, an interested party must prove that the testator created or modified their will because they were under someone else’s control. Proving undue influence is very challenging in will contests.
Lack of Capacity
In order for a will to be considered valid in Florida, the testator must have been of sound mind when creating it. This means that they must have the mental capacity to understand the extent of their property, know who they want to receive it after their death, and understand the impact of drafting a will. To prove lack of capacity usually requires strong evidence, such as medical records indicating the testator was not of sound mind.
Fraud
Fraud occurs when a testator is deceived or tricked in an attempt to manipulate them into changing their will. For example, one beneficiary may tell a testator that another family member regularly speaks poorly of the testator so they will change the will and give the deceiver a larger share of the estate.
Our Wills Lawyer in Volusia County Can Prove Your Case
There are times when you may have valid reason to challenge a will, but proving these cases is never easy. At Bundza & Rodriguez, our Volusia County wills lawyer can help you collect the necessary evidence to build a strong case that will give you the best chance of a favorable outcome. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
