Look, experienced Palm Beach probate litigators know that mistakes happen. But can youchallenge a will based on mistake? The answer depends on the nature of the mistake but do you know the rules for West Palm Beach probate court? Check out the different ways a mistake could make or break your case in a will contest.
Mistake Generally
- In West Palm Beach if a mistake of fact or law affects (alters) the testator’s intent or the terms of the will and it can be proven by clear and convincing evidence by statute the court may (at its discretion) reform the will to reflect the testator’s intent.
- What types of mistakes will be accepted by the court assuming you have the evidence to back it up?
Mistake in Execution of a Will
- Extrinsic evidence (things besides the will itself) is admissible to show that a testator did not know that the instrument he signed was a will.
- Do you know why?
- Because this goes to the issue of whether or not he had testamentary intent.
- What if they accidentally sign the wrong will, for example you and your husbandaccidentally sign each other’s will?
- If the mistake is proven by clear and convincing evidence the Court may grant relief in West Palm Beach.
Mistake in Inducement
- Most courts in the country will not grant relief simply because something that induced the testator to make a will or specific devise was a mistake.
- For example the testator may have thought he was dying and made a will that way only to later learn that was not the case.
- Florida courts however are willing to grant relief in this case if you can prove the mistakeby clear and convincing evidence.
Mistake as to the Contents of the Will
- Under the traditional rule, extrinsic evidence was not admissible to show that a provision of a will was admitted or incorrect.
- Under the plain meaning rule evidence was not admissible to contradict the plain unambiguous meaning of a will.
- However Florida Statute has abrogated that rule to a certain extent and holds that evidence is admissible to show that a provision was omitted or is incorrect even if the will is unambiguous.
- This assumes that you can prove the mistake by clear and convincing evidence.
Mistake as to Revocation
- Under certain compelling circumstances a constructive trust may be imposed when a testator mistakenly believes that he effectively revoked a will or codicil but didn’t.
- For example if he destroyed a photo copy.
Reformation
- Do you know what relief you will get for a mistake?
- An equitable relief known as reformation is when the Court reforms or alters the terms of the will to reflect what (they think) the testator intended.
- So the will would not likely be thrown out in its entirety.