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A will functions as its name suggests. The
document expresses how the maker, called the testator or testatrix, wants
property to be handled and distributed at death. In some cases, the purported
will may not reflect a person’s intent. If you believe a loved one’s will is
not legitimate or doesn’t capture the decedent’s wishes, you may challenge it
in a legal proceeding.
What Does It Mean to Contest a Will?
In a will contest, you file a petition in a
probate proceeding to have the will or portions of it declared invalid. The
ultimate aim is to have the decedent’s property distributed in a way other than
the decedent’s wishes as expressed in the will.
Therefore, as with any legal proceeding, you
must have “standing” to contest the will. A person with standing has a legal
interest that the will under contest may affect. These include people, normally
family members, who would inherit from the decedent had there been no will.
Florida intestacy laws determine the order of priority for these heirs-at-law.
For example, parents would not inherit under the intestacy law unless neither a
spouse nor children survived the decedent. Also, you may have standing if the
decedent named you as a beneficiary under a prior will.
Common Reasons to Contest a Will
The person making the will must sign it in the
presence of two witnesses. These persons then must sign under oath that the
testator or testatrix in fact signed the will. Without these formalities, the
attempted will becomes invalid. Often, defects in the will execution may appear
on the face of the will, and a probate court will not accept it.
If the will contains the formalities required
by law, you may still attack it on one or more of these grounds:
Undue Influence occurs when the testator did
not act volu… Read More
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