Someone may believe the will of a loved one is not valid. In this situation, they may want to contest it. This is a process of proving the will is invalid. It can be a challenging process and should only be done if someone is certain there is something wrong with a will. Only certain individuals can contest a will. For a person to do this, they must be an interested party. These are individuals who would have gotten an inheritance if there was no will or are a beneficiary named in the will. There are only certain situations where a will can be legally contested.
Not Properly Executed
Should a will have not been properly executed, it can be determined to be invalid. The state of Florida determines what is necessary to make a will valid. A common challenge is if the will was not properly witnessed and more.
Mental Incapacity
It is possible to contest a will if it is believed a loved one did not possess the mental capacity to create the will. This is often proven using statements from physicians who examined the loved one during the time a will was created. It is also possible to use witnesses who were near the loved one at the time as well as medical records and more.
Fraud
It may be possible to make a case that a loved one was fraudulently convinced to sign their will. It must be proven a loved one signed a will and did not realize at the time of the signing it was a will. In some situations, a loved one is given misinformation causing them to change their will's distribution.
Undue Influence
A will may be contested if it can be proven another person exerted undue influence over a loved one. This influence must be the reason they changed their will's distribution. Should a person have a fiduciary relationship with a loved one, they may be required to prove they did not have any undue influence with the deceased and their will.
Contesting A Will
It is possible in Florida to contest a will before the completion of the probate process. If the will has not been submitted, it does not matter what amount of time that has passed since a loved one died, it is possible to contest the will. Once a will has been submitted to the probate court, the deadline will be determined by an interested party being given notice about the will. Should a person receive notice, they will have three months to contest it. Once the will has been released from probate, a person may no longer be able to contest the will.
Civil Trial Proceedings
The claim to contest a will has to be submitted in the proper Florida probate court located in the county where the loved one passed away. A court clerk will be able to describe the process and provide all the necessary paperwork required to file a claim. The process of contesting a will usually involves many of the same legal proceedings associated with other types of civil trials. There could be depositions taken and necessary evidence submitted during the discovery phase of the proceedings. A person contesting a will may be required to provide documents to prove their case and other items could be requested by the defense. It is even possible a person will have to provide testimony in open court.
Attorney
It is a good idea to have an attorney file a claim to contest a will. They can help a person who doesn't know the process avoid wasting their time. With an attorney involved, it is more likely a person will be able to win their case. It is also possible for an attorney to be able to explain why a case may not have a good chance of winning.
If anyone in Florida wants to contest a will, it is time to contact UpchurchLaw Florida will contest attorney. These knowledgeable and experienced attorneys will know if you have a case that can be won. They can also explain what will be required to win it and more.
