Reasons for Contesting a Florida Will
The prevalence of blended families has led to an increase in the number of wills that are contested each year in Florida probate courts, especially since Florida law does not recognize a no-contest clause in a will as anything more than a statement of intent.
A Florida will can be contested if:
The testator – the person making the will – lacked testamentary capacity at the time the will was made. A testator must understand what his or her assets are, and know the people who will be receiving them. A Florida will may be voided if it has been made by someone who is mentally incompetent or who has had his or her capacity impaired by dementia, illness or medication.
Undue influence was involved. This can occur when a testator is coerced through improper pressure or threat to execute or revise a will, usually to the benefit of the person or persons bringing the pressure to bear. This usually happens when an elderly testator is ill or suffers a decline in mental capacity, which causes them to be unduly influenced by the purpose of another.
It was executed improperly. A valid will must be signed by the testator and witnessed by two other people, and cannot be executed by fraud or under duress.
Some states allow what is called a "no contest clause" which means if you attempt to contest the estate planning document, you lose your share of the estate given to you in the estate plan. However, under Florida Statute 732.517, those clauses are unenforceable within a Will.
To learn more about contesting a Will in Florida, contact our estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida.
