Understanding Will Contests

Challenging the will of a loved one who has passed is a long, complex, and emotionally draining process. Not everyone can challenge a will of a certain estate, and those who are eligible must still have certain legal reasons for doing so. If you are thinking about contesting your loved one’s will, you need to know the important information below.

Who Can Contest a Will in Florida? 

Before taking any legal action, you must determine if you are able to contest the will. To do this you must have what is known as legal standing. Not everyone has legal standing. To have legal standing in will contest cases you must have a legal interest in the estate. Generally speaking, this means that you must be one of the following:

• A fiduciary or beneficiary designated in the most current version of the will,
• A fiduciary or beneficiary named in a previous will but excluded from the most current version,
• Entitled to receive property in the estate as outlined under Florida’s intestacy laws (applies typically to the closest relatives of the decedent), or
• The guardian of a minor child of any of the above and who is acting on the minor’s behalf.

If you do not fall into one of the above categories, you cannot contest the person’s will. Even if you believe the will submitted to the court is inaccurate, outdated, or obtained by fraudulent means, you do not have the right to contest the will. Instead, you may have to find a person with standing to contest the will.

Grounds for Contesting a Will 

Even those who have legal standing to contest a will must have valid grounds to do so. You cannot contest a will simply because you do not agree with its provisions. The probate courts in Florida prioritize honoring the wishes of the deceased and resolving issues regarding assets and debts according to law. Some of the most common grounds for contesting a will include:

• The deceased did not have the mental capacity to sign a will at the time, often due to illness or conditions such as dementia,
• The deceased drafted the will strongly believing something that was not true, such as that one of their beneficiaries had passed away,
• The deceased was the victim of fraud committed by someone to convince the decedent to change their estate plan,
• The will does not meet legal requirements to prove that it is authentic, and
• Someone unduly influenced the decedent to create or change the will for their own benefit.

If you can prove any of the above, the current will can be set aside by the court. The estate will then be distributed according to an earlier version of the will, or the intestacy laws in Florida.

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

Contesting a will is difficult but it is important to go through the process if you have to uphold your rights. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can represent your best interests in court to help you and your family after a loved one’s death. Call us today at 386-252-5170 or contact us online to schedule a meeting with our attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html