If you just received word that you have been disinherited by a West Palm Beach will hopefully you know that the issue does not end here. You may be able to contest the will for various reasons under Florida’s probate code. Do you know how and when to challenge the will in West Palm Beach? Check out these three common reasons that litigants like you are challenging wills, and winning in probate court!
Undue Influence
- One of the most common reasons a will is contested in West Palm Beach is undue influence.
- The will should reflect the wishes and intents of the person signing it and not anyone else.
- If you are concerned that a caretaker, relative or other person close to your relative had more to do with the will then they should, you are alleging that there was undue influence.
- Do you know what you are going to have to prove to the probate judge to win a claim of undue influence?
- If you cannot prove that undue influence was afoot that does not spell the end of your will contest if your experienced Palm Beach probate attorney has plead other issues.
- What other issues can the court look at when determining whether or not a will should be admitted to probate?
Testamentary Capacity
- Another common dispute among relatives in West Palm Beach is whether an individual had capacity to execute a new will.
- Often times people have established estate plans and then towards the end of their life they may execute new documents contrary to that plan.
- This could be the evidence you need to prove that they lacked testamentary capacity — it depends how you frame the evidence.
- West Palm Beach probate courts are not in the business of admitting a will that was executed by someone without capacity.
- They also do not want to admit a will that is a product of fraud.
Fraud
- Fraud comes in many flavors when it comes to West Palm Beach probate.
- For example there is fraud in fact where someone tells a party to sign a birthday cardbut it is really a will.
- But do you know what fraudulent inducement is?
- That is when someone induces through lies a party to act a certain way.
- For example a caretaker may promise to take care of someone’s house for their grandkids in order to get title, then they sell the house right from under everyone.
- That is fraudulent inducement.
- West Palm Beach probate courts have to be concerned about admitting a fraudulent will into probate.
- How can you prove the will is a fraud?