What is a Will Contest ?
Has someone you know just passed away and you are now involved in a probate ?
- Is someone throwing around the term “will contest” and you are wondering what it means and how it may affect your inheritance?
- Or, are you interested in filing a will contest but am not sure, exactly what it is?
What is a Will Contest? A look at probate law
- When a person passes away, his or her property and debts may be administered by the personal representative of their estate, called an executor in states other than Florida
- A will is offered for probate, or the review and acceptance by a probate court
- In Florida, you have a duty to file the will of a deceased Florida resident
- When the will is offered for probate, certain “interested persons” get official notice of the probate and the will.
- Sometimes, some people who would like to get notice of the probate are not given notice
What If You Don’t Agree with the Will in the Probate ?
- If someone does not agree with the will, you cannot object to it unless there are grounds to set it aside or void it
- Some of the grounds to set aside a will in Florida include if the will was obtained by undue influence, or if the will was not signed according to Florida probate law
- Another common will contest in Florida is when someone believes that the person who made the will did not understand what he or she was signing. We often refer to this as signing a will when one does not have the mental capacity. Some refer to this as when a person lacks capacity or is incompetent
- If there is a basis to set aside a will, then you must file a petition or other probate court document, such as OBJECTIONS to the will, within the Florida probate law statutes of limitations or time periods
Other Terms for a Will Contest
- A will contest has also been referred to as:
- A will challenge
- A probate challenge
- A challenge to the probate
- Objections to a will
- A petition to contest the will
What’s most important is that if you are going to object to the will, or contest the will, you need to so in accordance with the Florida Probate Code. There are very short time frames to object to a will.