How To Contest A Will In Florida

When a person creates a will, they outline their last wishes so they can be fulfilled after their passing. Still, there are times when certain people can contest, or challenge, the will. When contesting a will, you essentially ask the probate court to deem it void, throwing out a certain provision or the entire document. Any “interested person” may challenge a will.  This includes the beneficiaries, creditors, and heirs of a decedent.  In order to contest a will, the person must Even must outline their grounds as to why it is invalid. Below, our St. Petersburg wills lawyer explains what these are.

The Will Does Not Meet Requirements Under State Law 

The law in Florida places very clear formalities when it comes to a last will and testament. In Florida, a last will and testament must be in writing, signed by the testator (i.e. person creating the will) at the end, and signed by testator in the presence of two witnesses.  If any of these requirements are not met, the will may be challenged by a will contest as invalid.

Lack of Capacity 

In Florida, testators must also be “of sound mind” in order for their will to be upheld under Florida law. “Of sound mind” means that the testator had the mental capacity to know the extent of his property, understand what he is doing, know his heirs, and under the effect of making a will. This is a fairly fact intensive issue, which generally requires gathering certain evidence such as medical records that show the deceased lacked capacity to make the will. Even when a person has evidence, challenging a will on the grounds of incapacity can be a difficult burden to prove.

Undue Influence 

In rare instances, testators may feel unnecessary pressure to include certain provisions in their will. Undue influence is when someone who substantially benefits under the will made the testator either write his will or change his will to be in that person’s favor.  To prove undue influence, one must show more than mere persuasion upon the testator; rather, it must be shown that the testator made or changed his will because he was overpowered by the undue influencer. Proving undue influence is often an even greater challenge than showing lack of capacity.

Fraud 

Fraud can occur when one person deceives a testator in order to persuade them to change or create a will based on that information. For example, a family member may tell a testator that another heir spoke poorly about them to prompt the testator to change the will so they receive a larger portion of the person’s property after they pass away. There are four general elements to show fraud: false representations of material facts to testator; knowledge by perpetrator that the representations are false; intent that the representations be acted upon; and resulting injury.  Fraud is one of the grounds to contest a will, but like undue influence and lack of capacity, it can be a difficult burden to prove.

Call Our Wills Attorney in St. Petersburg for Help with Your Case 

Whether you need to draft a will or contest one, it is important to work with a St. Petersburg probate litigation attorney. At Legacy Protection Lawyers, LLP, our seasoned attorneys can help you through the process and provide the advice you need so you can overcome any challenges that arise. Call us today at 727-471-5868 or contact 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