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Daytona Beach Lawyers > Blog > Wills > Grounds To Contest A Will In Florida

Grounds To Contest A Will In Florida

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A last will and testament is an important legal document that is intended to accurately fulfill a person’s wishes for dividing their property after they pass away. Due to this, the probate courts take wills very seriously and try to uphold the provisions within a will as closely as possible. Still, while the probate courts view wills very seriously, they are not always legally binding. There are many reasons the probate courts may allow someone to contest a will. Below, our Daytona Beach wills and trusts lawyer explains what these are.

Lack of Proper Witnesses 

According to state law in Florida, a minimum of two witnesses must be present when a testator, or person who creates a will, executes and signs the documents. The law in Florida does not specify that beneficiaries of the will cannot act as witnesses, as it does in other states. However, any witness to the signing of a will must be at least 18 years of age, a resident of Florida, and be of sound mind to understand what they are signing.

The Existence of Multiple Wills 

There are times when people choose to create many wills during their lifetime. If a personal representative files an older will with the court, it may be deemed invalid if another, more recent, will surfaces during the probate proceedings. Multiple wills can also delay the probate process, as the court may have to determine which will apply to the case and void any earlier editions made.

Lack of Mental Capacity 

There are many laws pertaining to the writing of wills in Florida. For example, only adults can write wills and they must be in writing and signed by at least two witnesses. Any person who creates a will must also have the mental capacity to know what they are executing and signing. If a testator suffers from dementia, senility, substance abuse, or other factors that limits their mental capacity, that can serve as grounds to contest a will. If you wish to challenge a will on these grounds, the burden of proof is on you to show that the testator did not fully understand the scope of the document, or the consequences of signing it.

Undue Influence 

Older people are particularly vulnerable to being manipulated by other people. Sometimes, these are even family members, caretakers, or friends. A third party may inappropriately convince a testator to distribute their property in certain ways, or they may outright commit fraud or forgery in order to change the provisions of a person’s will. Undue influence is taken very seriously by the probate courts and if you can prove it, portions of the will may be rendered void or the document in its entirety may be deemed invalid.

Our Wills and Trusts Lawyer in Daytona Beach Can Help with Your Case 

Contesting a will is possible, but it is never easy. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can prove your case and help you obtain what is rightfully yours. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

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