Things To Know About Contesting A Will In Florida

Losing a loved one is extremely difficult. However, a passing can become even more complex when there are disputes regarding a person’s will. If someone believes a will is invalid, it is possible for them to contest it and make things right. In Florida, there is a legal process for contesting wills and it is often confusing and difficult to navigate. It is always recommended that you work with a St. Petersburg probate litigation lawyer who can help.

What are the Grounds for Will Contests in Florida? 

To contest a will, a person generally must be a beneficiary named in the current will or a previous version of it. Even when a person is not named in a will, they may be able to contest a will if they have an interest in the estate according to Florida’s intestacy laws. If an individual does have the right to contest a will, they may do so on the following grounds:

• Lack of capacity: When drafting a will, individuals must have the mental capacity to do so. This means the person understand the nature and extent of their property, know the persons who are the natural objects of their county, and understand how the disposition of their property is to occur. If a person suffered from a mental illness or dementia when drafting or signing a will, this could provide a basis to contest a will.
• Undue influence: Undue influence occurs when a person was coerced or pressured into drafting a will or making changes to an existing document. If a person did not draft a will voluntarily, this can provide grounds to contest the document.
• Forgery or fraud: If a will was drafted through trickery or deception, or the signature on the will was forged, this can also provide grounds for contesting a will.
• Improperly executed: Florida law places strict requirements on wills and how they are executed, or drafted. If a will is not signed or witnessed properly, it can provide grounds for contesting a will.

How to Contest a Will in Florida 

Individuals who wish to contest a will in Florida must file a petition with the probate court. The petition must state the grounds for contesting the will, as well as any evidence that supports the will contest. They must then serve notice of the petition to all interested parties, namely the personal representative of the estate as well as the beneficiaries.

Some will contest cases are settled outside of the courtroom. If the parties involved cannot reach an agreement, however, it may be necessary to go to trial.

Our Probate Litigation Lawyer in St. Petersburg Can Help with Your Case 

If you believe that your loved one’s will is unfair or invalid, there are steps you can take to make it right. At Legacy Protection Lawyers, LLP, our St. Petersburg probate litigation lawyers can provide the advice you need and help you navigate the process so you obtain the best possible outcome. Call us today at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.

Source:

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