A will is a document that directs how a deceased person’s assets should be distributed. Sometimes family members or other loved ones are surprised or disappointed when they learn about the contents of a deceased person’s will.
There are ways to contest a will, but the process is challenging. Work with someone who has experience in will disputes in Coral Gables. A knowledgeable wills attorney can review your situation and offer advice about whether there are legal grounds to challenge a will.
Legal Grounds for Contesting a Will
The personal representative of the estate must ensure everyone named in the will, people named in prior wills, and all family members who would be entitled to inherit under the laws of intestacy are informed of the will’s contents. These are the only people with the legal right to contest the will.
A petition to challenge a will must contain legal grounds to justify the court’s consideration of the will’s validity. Someone cannot challenge a will just because it did not distribute the property according to their wishes or expectations. There are numerous legal grounds for contesting a will, and a Coral Gables attorney can explain whether any of these grounds might apply in a specific case.
Technical Problems with the Document
The law imposes several requirements about how a will must be executed. A valid will must be in writing and signed by the testator in front of two disinterested witnesses. There may be grounds to contest the will if the document is not properly witnessed, or one or both witnesses stand to gain from the will.
Other Documents Shed Doubt on the Will
Sometimes a person can locate other documents like previous wills, trusts, letters, or other evidence that a will does not reflect the wishes of the testator. The presence of other contradictory documents could be grounds to question the validity of a will.
Forgery and Fraud
If there is doubt whether the signature on the will is the actual signature of the testator, a petition to challenge the will might allege forgery. If there is a question about whether the testator knew what they were signing and understood the contents of the will, then the will could be fraudulent.
Testator Was Not of Sound Mind
Sometimes there is a question of whether a testator had sufficient mental capacity to make a will. Courts who must decide whether a testator was of sound mind will consider whether they understood the purpose of the will, knew what property they could pass to their loved ones, and could identify the people who would benefit from their will. In many cases, proving the mental state of the testator requires testimony from doctors, caregivers, the witnesses to the will, and others.
Undue Influence
A person challenging a will might feel that someone exercised their influence over the testator to persuade them to distribute their property in a particular way. The person contesting the will must produce proof showing that a specific person used pressure or coercion to influence the testator’s decisions.
What Happens When a Court Declares a Will Invalid?
Before deciding to challenge a will, it is crucial to know what will happen if the court agrees the will should not be accepted. The result depends on the circumstances. A Coral Gables attorney can explain the likely scenarios in a specific case if a will is set aside.
For example, Florida Statute § 732.5165 allows a judge to set aside all or part of a will when there is evidence of fraud, mistake, undue influence, or duress. When there is a prior will that is valid, the court may set aside the current will and accept the prior one instead.
When there is no prior will and the court declares the current will invalid, assets will be distributed according to the laws of intestacy. When the decedent left a surviving spouse, children, or both, they will receive all the decedent’s property.
Consult a Coral Gables Attorney About Contesting or Disputing a Will Today
Deciding to challenge a will is a big step. It is likely to cause discord within the family, and there is no guarantee the challenge will be successful. You will want to discuss the situation with an attorney before moving forward.
The team at The Florida Probate & Family Law Firm has considerable experience representing people in will disputes in Coral Gables. Reach out today to arrange a free case evaluation.