Important Things To Know About Will Contests In Florida
When a dispute arises about the distribution of a person’s estate after they pass away and the deceased left a will behind, disgruntled parties may choose to initiate a will contest. It is important for heirs, potential beneficiaries, and estate planners to understand who can contest a will and the grounds they can use to ensure fairness on all sides. If you are drafting a will and want to avoid contests, or you believe you have a legal dispute, it is important to speak to a Daytona Beach will contest lawyer.
Who Can Contest a Will in Florida?
Under state law, only certain individuals have the right to contest a will. These include:
- Beneficiaries: Anyone who is designated as a beneficiary in a current will or a previous version has the right to contest a current will.
- Legal heirs: Anyone who would receive a portion of someone’s estate in the absence of a will can also contest a current version. For example, if someone left their child out of the will and they did not have a surviving spouse, the child could contest the will because they would otherwise inherit a portion of the estate.
- Others with an interest in the estate: Individuals who can prove they have an interest in the estate and would be negatively impacted by the terms of the current will can also contest it.
Grounds for Contesting a Will
Even when a person has the legal right to contest a will, they must also have valid grounds to do so. The valid grounds are as follows:
- Lack of testamentary capacity: Testamentary capacity is required when drafting a will, meaning the person must fully understand the assets they own and their value, the nature of the document they are signing, and the consequences of it. When a person lacks testamentary capacity, it can provide grounds to contest a will.
- Undue influence: If the will is a result of pressure, manipulation, or coercion from someone else, this also provides grounds for contesting a will.
- Fraud or forgery: If the will was drafted under fraudulent pretenses or the signature was forged, this can provide strong grounds to contest a will.
- Improper execution: State law places strict requirements on the proper execution of wills. For example, wills must be in writing and signed by the testator and two witnesses in the presence of each other. When these requirements are not fulfilled, it can be grounds to contest a will.
The courts will only consider legitimate grounds for contesting a will and so, it is important that everyone understands what they are.
Our Will Contest Lawyer in Daytona Beach Can Advise On Your Case
You cannot simply contest a will because you disagree with its terms. At Bundza & Rodriguez, our Daytona Beach will contest lawyer can advise on the strategies moving forward and help you prove your case so you obtain the best outcome possible. Call us today at 386-252-5170 or chat with us online to request a consultation and to learn more.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
