
Are you thinking about contesting a Florida will? Whether you can file Florida Will Contests may depend on whether or not you were in a prior will. If you were cut out by a later will, understand how to object to the will. For more on “legal standing” or the ability to object, read on. Need a contingency fee probate litigator? Contesting a Florida Will If you are looking to contest a will in Miami or Fort Lauderdale, you should consider consulting with a Florida probate litigator. Florida probate lawyers, like the lawyers at Pankauski Lazarus, can evaluate your matter to determine whether or not there are facts that may lead to a successful will contest. Both Florida estate planning attorneys and trust litigators know that there are many reasons a will may be contested. One of the main reasons a Florida 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. According to Florida law, what is “testamentary capacity”? Testamentary Capacity, Competency and Florida Will Contests If a will was signed with the signer did not have “capacity”, the will is void. Put another way, if the will-signer was not competent, then the will needs to be objected to, to overturn it. Failure to object timely means an otherwise invalid will may be admitted to probate. There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating […]