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How Can a Will Be Contested or Challenged in Florida?

Uncategorized Dec 31, 2014
post about How Can a Will Be Contested or Challenged in Florida?

There are numerous ways that a will can be contested in the state of Florida. Knowing the reasons that a will can be contested can be helpful for reducing the chances of adispute among heirs, whether you are putting together your own will, helping another, or want to know if a will should be reviewed by a West Palm Beach/Broward County probate attorney.

  • Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to awill challenge (Aventura, West Palm Beach).
  • One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.

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.

While this legal test for testamentary capacity in Florida may sound complicated, experienced Miami probate litigation attorneys Fort Lauderdale can help make sense of it, and whether it can be met in your case. Having an experienced estate planning attorney West Palm Beach be a witness to, and stand behind the will is often a determining factor inwill contest cases in Florida.