Has your elderly parent executed a will leaving you and your siblings nothing? Are you concerned that a new spouse has exerted undue influence to get what he or she wants? You may have grounds for a will contest in West Palm Beach but you will need to hurry. Time is of the essence and West Palm Beach probate courts do not reward those who sleep on their rights.
West Palm Beach Will Contests
- When someone dies a will is submitted to the West Palm Beach probate court.
- A party may attach a self-proving affidavit in order to save witnesses the time of reappearing later in court to testify.
- Do you know if you can still claim fraud when there is a self-proving affidavit?
- Florida courts will also want to know whether or not the testator had capacity.
- Do you know what constitutes testamentary capacity in West Palm Beach?
- If a party executes a will without testamentary capacity it is a nullity.
- It will not revoke any prior wills because it has no legal effect.
- This means the older wills are still valid.
- Do you know how else you can prevent a will from being admitted to probate?
- In West Palm Beach the court has prevented wills from being admitted due to undue influence, fraud and mistake.
- Do not forget courts rely on facts not opinions.
- Do you know how you are going to prove the facts in an evidentiary hearing?
- You will be allowed to testify but there is got to be clear and convincing evidence to prove your case.
- Time is of the essence as well.
- You may have as little as ninety days of three months to file a claim.
- After that it may be barred.
- Check out this case out of the Wisconsin Court of Appeals
Big Thunder Hindsley v. Hindsley
- This was a will contest brought by the children of a wealthy man who had recently been remarried.
- In a will executed in 2005 he left his entire estate to a second wife.
- A hearing followed where the circuit court invalidated the will based on two findings.
- First the children alleged there was a general lack of testamentary capacity and second that the executed documents were a result of forgery.
- Are you prepared to win your will contest in West Palm Beach?
Want to learn more?
Check out the entire case by clicking here.