What does last night’s boxing match have to do with Palm Beach probate?

Did you watch the epic boxing match yesterday that pitted champion    against  champion? Do you know what a goodPalm Beach will has in common with Floyd Mayweather Jr.? Even when contested they remain undefeated.

Will Contests

• When a person dies in Florida with a will that will is submitted to the probate court.
• If any interested party believes that a will is not the true last will and testament of a testator they can challenge that will in Palm Beach probate court.
• Do you know how to contest a will?
• The two most common ways Palm Beach probate litigators contest wills are by claimingundue influence and / or lack of testamentary capacity.
• How can these two allegations defeat a poorly drafted “contender” for last will and testament?

Undue Influence

• When a third party influences a will it is not actually the last will and testament of a testator and a court may set aside a will for this reason.
• Do you know how to prove undue influence?
• Mere opportunity to influence is not enough.
• A merely suspicious circumstance is usually not enough either.

Lack of Testamentary Capacity

• If a testator cannot understand the nature of what they are doing they probably lack testamentary capacity.
• Do they know they are signing a will?
• Do they understand that they are choosing who will inherit their property?
• Do they know what property they have?

A Perfect Palm Beach Will and the Pound for Pound Undefeated Champion

• Do you know what Floyd Mayweather Jr. and a properly drafted will have in common?
• No matter how many punches get thrown, they stand undefeated.
• Palm Beach probate litigators know when they draft estate documents that they are not just for show.
• Whether you know it now or not there is a serious chance that your documents will be challenged in court and sometimes these disputes can get ugly.
• Imagine your own family trying to prove these horrible challenges (that one of them exerted influence or worse that you lacked capacity!) in court, and the dirty laundry they will likely air.
• The stronger the will, the better drafted, the less likely it is for these battles to breakout.
• When it comes time to draft a will, make sure you end up with a “knockout” will that’s going to stand up in fight on its own in court.