Confronting A Will Contest From Either Side Of A Conflict
A will is a common estate planning mechanism allowing a person to designate how their assets will be distributed upon their death. Among other provisions, they usually nominate or appoint a personal representative – executor – and detail how real estate, cash and other property will be reallocated after the end of their life.
When a will is created, it must be executed with proper formalities, which typically include signatures by the grantor and two witnesses. If the formalities are not followed, then the will or trust can be declared invalid. At Forgione Law in Stuart, Florida, attorney Forgione helps people create wills that will withstand legal challenges. With more than a decade of experience, he skillfully and passionately represents people who bring will contests or defend estates against them.
Arguments Behind Many Will Contests
The grantor of a will or trust must possess “testamentary capacity” when the will or trust is executed. Testamentary capacity generally means that the grantor understands the nature of their assets, the identities of their natural heirs and the impact of the will. A grantor with testamentary capacity can customize their will to suit their preferences and priorities.
Will contests often involve allegations that something went wrong when a will was created or updated, as follows:
- If the will was not properly executed, it may be invalidated.
- If the grantor lacked testamentary capacity, then the will’s validity may be challenged in a will contest.
- The legal concept of “undue influence” is also frequently used as a basis by which to challenge a will.
- The grantor allegedly demonstrated insane delusion.
- Fraud occurred somewhere along the way.
Undue influence occurs when someone coerces or influences the grantor to such a degree that the will reflects the wishes of the influencer, rather than that of the grantor. Reasons such as alleged insane delusion and fraud are often included in arguments claiming that a grantor had a lack of capacity or undue influence.
Sons, daughters, caregivers, neighbors and business partners may find themselves on the defense side of a will contest. Attorney Forgione represents both plaintiffs and defendants in will contests.
Frequently Asked Questions About Will Contests
Whether you are contesting a will or defending against a challenge, it is important to understand your legal options. Here is some information you should know:
Who can contest a will in Florida?
While many people may believe they have the right to contest a will, not everyone does. A will contest can severely impact the probate process and create difficulties for beneficiaries, which is why only people with a legal standing can contest a will. In Florida, the following parties can contest a will:
● Beneficiaries: Anyone named in the current or prior drafts of a will who stands to gain assets from an estate has a legal standing to contest a will.
● Heirs-at-law: Also referred to as the “next of kin,” close relatives of the deceased who could have been entitled to an inheritance can contest a will. Close relatives can include a spouse, children, siblings or parents, for example.
● Guardians: The guardian of a minor may be able to contest a will on behalf of the child if the child was an heir-at-law.
It is important to know who has the right to contest a will and how this could impact the probate process.
What is the process for contesting a will in Florida?
Contesting a will in Florida begins by filing a petition in the probate court, typically, before the process is over. The party contesting the will may request to invalidate the will on the grounds of undue influence, fraud or coercion. If the filing process is successful, a judge may review the challenge and rule either in favor or against the dispute.
Is there a statute of limitations for contesting a will?
In Florida, parties that are eligible to contest a will have a deadline. The statute of limitations for a will contest is three months from the date the party received a notice of the estate’s administration – although it is always advisable to act as quickly as possible if that is your intention.
What are the consequences of contesting a will?
Challenging a will could potentially delay the distribution process of an estate, which can put excessive strain on a grieving family. If the case is successful, inheritance could be distributed according to succession laws. This could cause family members and filing parties to receive less than what they would have received originally outlined in a will.
Get Information And Advice About How To Bring Or Defend Against A Will Or Trust Contest
Attorney Forgione applies his experience in challenging and defending wills. If you have questions about the validity of a will, please contact Forgione Law through a brief online form or call 561-730-3926.
Get the answers you are looking for and learn how probate lawyer Forgione can assist you on either side of a will contest.