For many, the relief of creating a will is immense. However, it’s critical to familiarize yourself with the grounds on which a will can be contested under Florida law to ensure that your final wishes are honored. As such, it’s critical to continue reading to learn about the grounds on which a will can be disputed and what can occur after it’s contested. The following blog explores what you should know about these matters, including the importance of working with Tampa wills lawyers to discuss your options and assist you through the process of creating a will to ensure your estate is handled according to your wishes.
What Are the Grounds a Will Can Be Contested?
A will is one of the most important estate planning documents you can establish, as it serves as the foundation for your estate, dictating how your assets will be divided among your beneficiaries. However, because this document is important, there are a number of requirements that must be met to ensure it is legally binding.
When creating a will, it must be written, signed by the testator, and signed by two eligible witnesses. In addition, the will must not include any terms or conditions that directly conflict with one another or conflict with Florida state law.
In general, there are several grounds on which a will can be challenged under Florida law. The first is a lack of testamentary capacity. Essentially, this means that the testator, or creator of the will, was not of sound mind at the time of creating the document. Another ground on which a will can be contested is because there is concern regarding undue influence or duress. When someone is forced to include unfavorable terms and conditions as part of their will by another person, it can render the document invalid.
You should also note that fraud, including testator signature or witness signature fraud, as well as improper execution of a will, can result in the document being contested.
What Happens When a Will Is Challenged?
When a will is challenged in Florida, it’s important to understand the potential outcomes. Generally, whichever interested party files the petition will submit their case to the probate court, which will begin the discovery process. This involves the exchange of information between the parties, like depositions and documentation regarding the estate. Once discovery is completed, the parties may enter mediation in an attempt to settle the dispute. However, if mediation is not a viable option, the dispute may proceed to trial.
At this point, the will may be upheld if the grounds on which the will is contested are not true. However, you’ll also find that if the court does not find that the will is invalid, it can be upheld, and the assets will be distributed in accordance with the terms and conditions included in the document.
As you can see, contesting a will can be an incredibly difficult and overwhelming matter. That is why it’s in your best interest to work with an experienced attorney with Tampa Law Group. If you are ready to create your will, contact us today to learn how we can assist you during these overwhelming and complex matters. Connect with us today to learn how we can assist you during this process.
