Who Can Create a Valid Will in Florida?
In Florida, who can write a will? Who can have a trust drafted? Do you have to be over a certain age to create an estate plan? What is being of a “sound mind”? What is Florida Statute 732.501? How can you contest a will in Florida? How can a West Palm Beach probate lawyer help you to prove that a will is invalid?
Who Can Write a Valid Will in Florida?
Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida estate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries. What is being of a “sound mind”? What is testamentary capacity?
There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida:
- understanding that he or she is creating a distribution of his or her property after death,
- knowing the nature and extent of his or her property,
- knowing the named heirs and members of his or her family
- understanding in a reasonable manner the general nature and effect of the act of signing the will.
What are the Formalities Required for a Valid Will in Florida?
Florida Statute 732.502 describes what formalities must be met for a will to be valid in Florida. A valid Florida will must 1) be in writing 2) be signed by the testator or another person at the direction and in the presence of the testator 3) be signed at the end 4) be signed in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and each other. If you are considering whether you should contest a Florida will, you should read Florida Statute 732.502 in its entirety. You should also consider consulting a Florida probate lawyer who can evaluate a West Palm Beach or Delray Beach will for you to see if it is valid.
How Can a Florida Will be Contested?
There are many ways that a will can be contested in Florida. Probate litigation lawyers and trust attorneys are frequently hired to contest wills and can consult with you to see if you have a strong will contest case. You may be able to contest a will if the testator, or the person who wrote the will, wrote it when they had Alzheimer’s or dementia. This is because when a person has Alzheimer’s or dementia, they tend not to have the mental capacity, or “testamentary capacity, to create a valid will. You can also contest a will in Florida if your elderly parent or friend was unduly influenced by someone to change his or her will. Unfortunately, as probate litigators, we see many financial exploitation of the elderly cases where the victim is coerced into changing his or her estate plan, Florida trust, or bank account beneficiaries. Florida wills that are not executed properly are often contested, as well.
What Statute of Limitations Apply to Florida Will Contests?
What is a statute of limitation in Florida? Why is it important to consult with your estate lawyer to become familiar with the statute of limitations in Florida? Will contest lawyers know that Florida courts do not reward people who sit on their rights. Therefore, if you are served with probate papers that you don’t agree with, you need to get in the game as quickly as possible! If you want to contest a will in Florida, you may have as little as ninety days after you are served with a notice of administration.
What Does Florida Statute 733.212 Say?
Regarding the 90 day time limitation to contest a Florida will, the statute states :
“(3)Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.”
To read the entire statue and learn more about the time limits to contest a will in Florida, click here.