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Insane Delusion Can Set Aside Florida Will

Probate Information • Mar 13, 2021
post about Insane Delusion Can Set Aside Florida Will

Many heirs and family members know the term “undue influence.” Especially if they did not get an inheritance ! We have written about undue influence before. (To watch a free undue influence video, from top-notch estate litigator John Pankauski, click HERE). But not as many people know about “insane delusion.” How do you set aside a will based on an insane delusion? Well, there is one statute and two cases that you can read, for free. These will help you understand this concept to void a Florida will.

Insane delusion. Is your lawyer prepared for your insane delusion trial?

Voiding a Florida Will

A will that is improperly signed is void. A Florida will may be void if the will was caused by undue influence or an insane delusion. The person who presents the invalid will has the initial burden to prove that it was done properly. Florida estate lawyers call this the “burden” to prove “due execution.” To start, read the Probate Code in Florida. Then, focus on Chapter 732 to learn about the Florida laws about wills. If a will is on file with the Florida Probate Court, is it valid? If you honestly believe that it was not valid, then you need to attack the will by filing a petition to revoke probate. Why?

Insane Delusion Voids Will

If a will was the product of bad acts or improper procedures, it’s not valid. Read 732.5165 of the Florida Probate Laws. That’s the law that says a will is not valid if it was caused by undue influence or other certain factors. Well, what about an insane delusion? You can read two Appeals Court opinions and learn a lot. First, read the Levin v. Levin case. The Levin case was from the 4th District Court of Appeal. That Court handles the appeals of wills and trust cases for Palm Beach. Then, read the Gordon v. Kleinman case. This appellate court opinion is also from the 4th DCA. But Gordon is a Broward County case. If an insane delusion causes one to make a will that she would not have made but for that delusion, the will is void. So, gather your facts, interview your witnesses, and get your documentary evidence ready. Because, if that’s the case, you are going to trial! And try to find a real trial lawyer who actually tries undue influence and will contest cases. Look out for the dozens of probate lawyers who say they go to court but don’t know how to try a case. Those folks settle everything.

Knowing how to prove a will is not valid is an important part of your trial strategy. Distinguishing between undue influence and insane delusion is crucial.