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. 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 […]