Fifth DCA Appeals Case: Lack of evidence results in case being overturned on appeal. Was your trial appealable for lack of evidence?

Often times clients come in with tales of how a caretaker took  advantage or worse a personal representative got their appointment through fraud or undue influence. Experienced Palm Beach probate litigators know that you are going to need evidence to prove the case. How do you plan on proving your will contest to a jury? Check out this case out of the Fifth District Court of Appeals in Florida and remember the moral: without evidence there is no case!

Will Contests

• Do you know what a will contest is?
• When a person dies in West Palm Beach their will must be admitted to probate.
• Just because a will was executed does not mean that it is proper for probate.
• For example it could be the result of fraud or undue influence.
• A will contest is your chance to tell the probate judge in West Palm Beach that there is something wrong with the will and that it should not be admitted.
• In order to get the judge to hand you that order though you are going to have to show evidence during the hearing.

Proving the Case

• Proving a will contest requires hard evidence.
• Time and time again people think that a will contest will survive merely based on their own testimony.
• You may have a right to a jury trial and an evidentiary hearing but those people want to hear the evidence.
• Are you prepared to show the case’s merits in trial?
• A case without evidence is really a nullity because it stands to be overturned on appeal.
• Don’t believe me?
• Check out this Appeal from the Fifth District Court of Appeal and ask yourself, do you want to be losing on appeal because the trial was a sham without evidence?

Andrews v. Bayview Loan Servicing

• This was an appeal from a foreclosure proceeding but the rules of evidence are the same as a probate action more or less.
• On appeal a judgment of foreclosure was overturned because the winning party did not present any evidence.
• The appeals court found that no trial really took place given the lack of facts and evidence at trial.
• Are you going to be the guy who loses on appeal after you spent a ton of money on a will contest?
• Win the first time; win the right way by proving your case.

Want to learn more about proving a will contest?

Check out the entire case by clicking here.