When a loved one passes away, the contents of their will often reflect their final wishes regarding the distribution of their assets. However, there are times when those wishes may be contested. In Florida, there are specific legal grounds on which a person can contest a will. Understanding these reasons can help you determine if you have a valid case.
Key Reasons to Contest a Will in Florida
1. Lack of Testamentary Capacity
- Testamentary capacity refers to the legal and mental ability of the person creating the will (the testator) to understand the nature and consequences of their actions.
- Reason for Contest: If the testator was not of sound mind when the will was executed, the will can be contested. This often involves proving that the testator did not understand the extent of their assets or the natural objects of their bounty (e.g., their family members).
2. Undue Influence
- Undue influence occurs when someone exerts excessive pressure on the testator, leading them to create or alter a will in a way that does not reflect their true wishes.
- Reason for Contest: A will may be contested if there is evidence that the testator was coerced, manipulated, or otherwise unduly influenced by another person when making the will. This is often seen in situations where one beneficiary receives a disproportionate share of the estate.
3. Fraud
- Fraud in the context of a will occurs when the testator is deceived into signing a will that does not reflect their true intentions.
- Reason for Contest: If a will was created or altered based on false information or deceit, it can be contested. Examples include situations where a testator is tricked into signing a document they believe to be something else or where false statements influence the content of the will.
4. Improper Execution
- Florida law requires specific formalities for a will to be validly executed. These include the testator’s signature and the presence of two witnesses.
- Reason for Contest: A will can be contested if it was not properly executed according to Florida law. For example, if the will lacks the required witnesses, or if the witnesses were not present at the same time, it may be deemed invalid.
5. Forgery
- Forgery involves the creation or alteration of a will with a false signature or by someone other than the testator.
- Reason for Contest: A will can be contested if there is evidence that it was forged. This might involve proving that the testator’s signature was falsified or that the entire document is fraudulent.
6. Revocation
- Revocation occurs when a testator takes action to nullify a previously created will, such as by destroying it or creating a new will.
- Reason for Contest: If a newer will has been discovered that explicitly revokes an older one, or if the original will was destroyed or altered with the intent to revoke it, the validity of the older will can be contested
Steps to Contest a Will in Florida
If you believe that a will should be contested, it’s crucial to act quickly. Florida law imposes strict deadlines for filing a will contest, often within 90 days after receiving a notice of administration. Here are the general steps to follow:
1. Consult with an Estate Attorney
Given the complexity of will contests, it’s essential to consult with an experienced Florida estate attorney who can assess the validity of your claims and guide you through the legal process.
2. Gather Evidence
Collect any documentation, witness statements, or other evidence that supports your claim. This may include medical records, financial documents, or communication that indicates undue influence or fraud.
3. File a Petition
Your attorney will help you file a petition with the probate court to formally contest the will. This petition outlines your reasons for contesting and the evidence supporting your claims.
4. Attend a Hearing
The probate court will schedule a hearing where both sides can present their evidence and arguments. The judge will then decide whether the will is valid or if it should be set aside.
Contesting a will in Florida is not a decision to be taken lightly. However, if you have valid reasons to believe that a will does not reflect the true intentions of the deceased, it’s important to take action to protect your rights. Whether it’s due to lack of testamentary capacity, undue influence, fraud, improper execution, or other reasons, understanding your legal options is the first step in addressing your concerns.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.