Are you concerned about a will by a relative that was executed very recently under suspicious circumstances? Have you considered filing a will contest in West Palm Beach? Do you know how to proceed? Consider these four things before you go into court to challenge that Palm Beach Will.
Will Contests
- A will contest is a judicial action brought by an interested party to set aside a will or codicil (amendment to a will).
- Are you an interested party?
- Do you stand to inherit somehow under the estate if the will were to be discredited?
Judicial Burdens of Proof
- West Palm Beach courts do not just look at the evidence and make a “judgment call.”
- You will have to produce evidence.
- It will be your burden to prove that a will should be set aside.
- Do you know what evidence they will consider?
- Do you know how much evidence is enough to prove your point?
- Did you know that you cannot just record someone without their consent then bring it to trial, that will not be admitted.
- Do you know how to exclude the bad evidence that is not good for your case?
Jury Trials
- You also have a right in West Palm Beach to a jury trial if you so desire for your will contest.
- Do you want a jury trial?
- Would you prefer a bench trial where a judge acts as the jury?
- Experienced Palm Beach probate litigators know this is not an easy decision to make but an important one nonetheless.
- How do you know?
- Did you know that if you demand a jury trial you cannot undo that demand without the consent of the other side?
- Do you think they will agree to that?
What are you going to allege to set aside the will?
- You will need theory for your case.
- Who procured the will by undue influence?
- When was the testator not of sound mind?
- You will have to prove these specifics to the trier of fact in order to find victory in West Palm Beach trial court.
- Are you ready?
- Experienced Palm Beach probate litigators know how to set a case up for trial from the get to and to get the results you want.