What is a Florida Will Contest and what do you need to know? To see a free Florida probate video about a will contest, CLICK HERE. To learn more, keep reading. An Introduction to Florida Will Contest A Florida will contest is a challenge to a will. It involves going to court, the probate court, and making a claim. This claim is often in the form of a court-filed document called a Petition. In that Petition, you set forth your case on why the will is not valid. That is your challenge. You challenge the validity of the will. Florida law lists a limited number of reasons why a will may not be valid. Understanding all of these legal avenues is key to your success. Gathering your evidence is key. Finally, knowing how to try this type of case is paramount. Unless you settle your will contest, it will go to trial. A probate judge will tell you whether a will is valid or not valid. If there are a number of wills in play, she will tell you which ones are valid, which are not valid, and which one controls. Are you ready? Affect of Fraud or Duress A will that is caused by Fraud or Duress is void. Undue influence is a kind of fraud. Many times, people question wills that are signed right before death. Or, when a new beneficiary magically appears in a will, and was never there before. If a person forced or pressured someone […]
