A Quick Guide on How to Contest a Will in Florida
Do you need help with a Florida will contest? Contesting a will is a legal process that challenges the validity of a person’s last testament. It can be a complex and emotional task, often undertaken during a time of grief. This guide aims to provide you with a clear overview of things you need to know to contest a will.
Know the Basics: Who Can Contest a Will and When Should it Happen?
A will is a legal document that outlines how a person wants their assets and property, collectively known as their “estate”, to be distributed after their death. There are many reasons that people contest wills after their loved ones have passed away, and that is a critical detail to establish: a person must be deceased before their will can be contested. This is because a will only becomes legally effective upon the testator’s death. While the person is alive they have the right to change or revoke their will at any time, rendering any contest moot.
Who Can Contest a Will?
In Florida, not just anyone can contest a will. The person challenging the will must have “standing.” In legal terms, standing means that the individual has a legitimate interest in the outcome of the case.
There are generally two categories of individuals who have standing to contest a will in Florida:
- Beneficiaries Named in the Will: These are individuals or entities (such as charities) named in the will who stand to receive assets from the deceased’s estate. This also sometimes applies to beneficiaries who were named in a previous version of the will.
- Heirs-at-Law: These are individuals who would inherit from the deceased if no valid will existed, typically close relatives like children, spouses, or parents.
Both beneficiaries and heirs-at-law can contest a will if they believe it is invalid for reasons such as lack of testamentary capacity, undue influence, fraud, improper execution, or insane delusion, all of which are explained in more detail below. It’s important to note that having standing doesn’t guarantee success in contesting a will. The individual must also be able to provide evidence to support their claim.
When Can a Will Be Contested?
As for timing, the general rule is that when a will enters the probate process and has been admitted, a Notice of Administration is issued to all interested parties. From the moment this notice is served, you typically have 90 days to file a contest against the will. Given the complexity of this process and the strict timelines, it’s highly advisable to engage the services of an experienced attorney.
Our attorneys at Avera & Smith offer free consultations for will disputes. Learn more here.
Understand Your Grounds for Contesting
The first step in a Florida will contest is to establish your grounds for doing so. In the state of Florida, there are five main reasons why you might challenge a will:
- Lack of Testamentary Capacity: This means the person who made the will (the testator) did not understand what they were doing when they made the will.
- Insane Delusion: Similar to a lack of testamentary capacity, insane delusion refers to a scenario where the person making the will has a persistent belief in facts that have no basis in reality and which no rational person would believe.
- Undue Influence: This refers to situations where the testator was pressured or manipulated into making a will that does not reflect their true wishes.
- Fraud or Forgery: If you believe the will was forged, or the testator was deceived into signing it, this could be grounds for contesting the will.
- Improper Execution: Every jurisdiction has specific rules about how a will must be signed and witnessed. If these rules weren’t followed, the will might be invalid.
Seek Legal Advice
Once you’ve identified grounds for contesting the will, you should then plan to seek legal advice. A lawyer with experience in will and trust disputes can help you understand your rights and options, as well as the potential risks and benefits of contesting the will. They can also help you navigate the legal process, giving you peace of mind that you will get the best outcome.
In order to successfully contest a will, you’ll need to gather evidence to support your claim. This might include medical records, witness statements, or other documents that show the testator lacked capacity, was unduly influenced, or that the will was fraudulently created or improperly executed. Hiring an attorney is helpful when it comes to gathering evidence as they will be able to guide you and tell you exactly what is needed to demonstrate your claim.
A Florida will contest can be a difficult and complicated process. However, if you believe that a loved one’s will does not reflect their true wishes, it’s a necessary step to ensure that their estate is distributed fairly and justly. Our experienced attorneys at Avera & Smith are prepared to help and will fight for the best outcome on your behalf. Schedule your free consultation today.