What Are The Grounds For A Will Contest In Florida?
Whether you have recently lost someone and have questions regarding their will, or are defending a will contest, it is important to understand the legal grounds for doing so. It is also important to know these grounds when drafting your own will, so you can ensure that your final wishes are respected. Below, our Volusia County will contest lawyer explains further.
Mental Incapacitation
Anyone who creates a will must have the mental capacity to do it. This does not mean their mental health must be in perfect condition. It simply means they must have the mental capacity to understand what they are doing. Individuals with memory issues may still have moments of lucidity and in these moments, be able to make sound legal decisions. Judges in Florida will consider whether a person fully understands the property they own, who their beneficiaries are, and how they want to distribute their property.
Medical records play an important role in these decisions. If an individual experienced severe dementia or they were heavily medicated, this can support the grounds of mental incapacitation when contesting a will.
Undue Influence
The probate courts in Florida pay particular attention when they believe someone has been pressured into changing their will. This often occurs when a neighbor, caretaker, or friend suddenly receives a large inheritance. Probate judges will look for many patterns, including if the suspected individual kept family members away, and factors such as if they drove the individual to the attorney’s office and if they were present at the meeting. Judges will also consider whether the suspected individual was getting nothing and suddenly receiving a large inheritance.
Duress or Fraud
It is not uncommon for deceptive individuals to trick or manipulate a person into signing a will under false pretenses. This may involve telling someone they are signing a birthday card when they are actually signing their will. They may not be honest about family members, such as telling them their daughter does not want their collection of jewelry.
Failure to Meet State Requirements
Wills in Florida must meet many different requirements in order to be considered valid. These include:
- The document must be written
- The testator must sign the document at the end
- The document must be signed by at least two witnesses in the presence of each other
Technical errors can also occur and these can serve as grounds to invalidate a will. For example, if the witnesses did not sign the document in front of each other, the document does not fulfill the legal requirements and this can serve as grounds to invalidate a will.
Our Will Contest Lawyer in Volusia County Can Help with Your Case
Whether you need to contest a will, or draft a document that will be enforced by the court, our Volusia County will contest lawyer can help. At Bundza & Rodriguez, our experienced attorney can advise on the grounds that you may be able to contest a will, defend against a contest, or draft a will that cannot be contested. Call us now at 386-252-5170 or contact 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
