When a person passes away with a last will and testament in place, that document will determine how their assets are to be divided. There are times when beneficiaries and other interested parties have the right to challenge the validity of the will. These conflicts can be difficult, as they can dramatically change how assets are shared among surviving heirs.
If you have questions about will disputes in Florida, now is the right time to ask. An experienced wills attorney can advise you of your rights while helping you navigate through the litigation process.
Common Reasons for Will Disputes
Florida law allows for different reasons to dispute a will. In some cases, there might be more than one example that applies.
Validity
There are certain technical requirements that a will must comply with in Florida. It must be in writing, signed in front of two witnesses, and notarized. There cannot be subsequent wills issued after the one being reviewed in court. If these requirements are not met, the document is declared invalid.
Lack of Capacity
The creator must have the legal capacity to sign the document for the will to hold up in court. If there is evidence that they were not of sound mind at the time the document was created, the judge can rule it as unenforceable.
Undue Influence
A person must freely agree to a last will and testament for it to be deemed valid under the law. If a beneficiary puts an unreasonable amount of pressure on the creator or even uses threats to change the document to their benefit, it could be ruled invalid.
Contesting a Will
There is a specific way to dispute a will in Florida. The person intending to make this challenge must file a litigation document known as a petition. This filing must occur in the court where the will is being probated. The petition should formally request that the court find the will to be void based on one or more of the reasons previously discussed.
Before the case can move forward, certain parties must be notified. This includes the representatives of the estate itself, any beneficiaries, as well as other interested parties like family members who have been left out of the will.
Only certain parties have the right to pursue this action. Beneficiaries named in the will have the right to file a contest in Florida, and they can do so if they believe they might inherit more without the current will in place. Beneficiaries of a previous will who were later disinherited may also file suit. Finally, family members who have not been named in any prior wills can initiate this case if they would inherit through intestate succession. Intestate succession is the process by which property is divided up in probate court when there is no viable will in place.
The Time Limit to Challenge a Will
A person must wait until the estate issues a formal Notice of Administration before they can take legal action. This notice informs them of whether they are expected to inherit assets, and if so, how much.
To successfully challenge a will, a party must file the contest within 90 days of receiving this document. This is a short timeframe, given the need to hire legal counsel, collect all the necessary documentation like previous wills, and prepare a written petition.
Talk to a Florida Attorney About Managing a Wills Dispute Today
If you are considering a challenge to a loved one’s will, or you are an executor facing a dispute from another party, you could benefit from a discussion with The Florida Probate & Family Law Firm. The right legal counsel could make all the difference in your case. Call today for a free case evaluation concerning a wills dispute in Florida.