Are you considering challenging a will in West Palm Beach? Do you have a plan of attack for trial? Do you have a theory to contest the will? Experienced Palm Beach probate litigators know that this can be a moment filled with emotion, but a Court is not a forum of emotion, it is an arena of facts and law. How do you want to contest the will? Check out these common ways to challenge a will in West Palm Beach.
Lack of Testamentary Intent
- A testator must have capacity to enter into a will.
- Are you concerned a family member lacked capacity to enter into a will?
- Then you probably want to challenge it on the grounds that they lacked testamentary intent.
- The West Palm Beach probate court will assume there was testamentary intent.
- Do you know how to prove otherwise?
- You are going to need evidence, and just your testimony is probably not going to be enough.
- Do you have text messages or emails that showed your relative’s failing mental capacity?
- Have they been judged incompetent?
- In Florida merely being judged incompetent is not enough because the will could have been signed in a moment of lucidity.
- That being said it certainly helps prove your point.
- Also look back to when incompetency was proven, can you use that evidence?
- Usually that evidence is too remote but maybe they executed that will the day before a major episode, now that is some good evidence.
- What if you cannot prove lack of capacity?
Fraud
- A successful contest on grounds of fraud may be more difficult that you think.
- It will require that the testator was willfully deceived as to the character or contents of what instrument they were signing.
- What if a relative fraudulently prevented a relative from executing a will?
- West Palm Beach Courts may institute a constructive trust and order the property conveyed to the would be will beneficiaries.
- Do you know what a constructive trust is?
- Check out other blogs from our site that outline what a West Palm Beach constructive trust is, the answer may surprise you.