Can you set aside a Florida will and win your will contest by means other than lack of capacity and undue influence? A 2011 probate appeal from Florida’s 4th District Court of Appeal reminds us about the legal concept of insane delusion which is hardly employed by Florida estate lawyers and probate litigators.
Levin v. Levin
- In Levin v. Levin, 60 So. 3d 1116 (Fla. 4th DCA, 2011), a $3 Million estate was divided between William and Gail. Gail received $350,00 and William received the rest. Gail filed an objection to the Petition for Administration under the Florida Probate Rules and also a Counter Petition for Administration.
- At the probate trial in West Palm Beach, the court ruled that William had NOT exercised undue influence over mom.
- Mom had testamentary capacity to make the will and trust.
- What about Gail’s argument at trial that mom had an insane delusion when she changed her Florida will and trust?
- The rule on an insane delusion to set aside a Florida will or trust is: where an insane delusion in regard to one who is the object of the testator’s bounty, which causes him to make a will he would not have made BUT FOR the insane delusion, the will cannot be sustained.
- An insane delusion has been defined by Florida appeals courts in probate matters as a spontaneous conception and acceptance as a fact, of that which has no real existence adhered to against all evidence and reason.