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How do I object to a will in Palm Beach probate? Will Challenges & “Lack of Testamentary Capacity”

Uncategorized Mar 23, 2015
post about How do I object to a will in Palm Beach probate? Will Challenges & “Lack of Testamentary Capacity”

There are numerous ways that a will can be contested in the State of Florida,  but one of the main reasons a will could be challenged is if the “testator“, the person who signed the will, did not have  “testamentary capacity” to sign a will in Florida.

How do you overturn a will Palm Beach?

How do I object to a will if I want to contest the will?

What are the 4 key elements or questions you want to know to understand if somoene who signed a will knew what they were dong?   Here are some tips on “testamentary capacity” (sometimes called “sufficient mental capacity“) in Palm Beach Probate:

  • Understanding that the testator 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.

How do I overturn the will if a probate has already started?

  • Testamentary capacity is generally presumed by Florida Probate courts, so the burden of proving that the testator lacked testamentary capacity is on the person challenging the will. Further, the person challenging the will must prove that the testator lacked capacity at the exact time and date on which he signed the will.
  • Read the Florida Probate Rules.
  • Understand the difference between the Florida Probate Code and the Florida Probate Rules.
  • Understand the Local Rules for probate courts in Delray Beach, Palm Beach Gardens, West Palm Beach.
  • Palm Beach probate litigation attorneys know that this is a heavy burden to overcome, but it is not impossible.
  • The challenger is allowed to offer evidence showing the decedent’s mental conditionbefore or after signing the will and evidence that the mental disability was permanent.
  • Is this the best way to get around the need for evidence of incapacity at the exact time of signing the will?
  • Still, however it is accomplished, a showed of a lack of testamentary capacity will render the will invalid, reverting probate proceedings to either follow a previous version of a will, or to go through probate as if there was no will at all.
  • Do you know how to revive a prior will?
  • So, if you are considering challenging a will, make sure you know the exact affect it will have on your Florida inheritance if you are successful.