Do you know what an insane delusion is? In West Palm Beach the court will not administer a will that was executed on beliefs that no rational person would believe that are not founded on evidence. Did a relative execute a will while under the belief of an insane delusion? You may be able to keep that will out of probate but you will have to act quickly. Do you know how much time you have?
Will Contests
- A West Palm Beach will contest is a judicial proceeding initiated by an interested party.
- The party seeks to prevent a will from being admitted to probate.
- In West Palm Beach a litigant may have as little as ninety days.
Insane Delusions
- A party that executed a will subject to an insane delusion likely would not have executed that will had they been fully apprised of the facts.
- For that reason Florida courts will not admit these wills to probate.
- A will contestant seeking to invalidate a will on grounds of insane delusion must establish a will was the product of an insane delusion and the testator, if not laboring under the insane delusion would have devised property differently.
- You will have a right to a jury trial.
- The jury will decide whether or not the testator was acting under an insane delusion.
- As the party contesting a will you will have the burden of proving lack of testamentary capacity.
- Check out this case out of the Supreme Court of Nebraska to learn about insane delusions.
In re Estate of Gassmann
- This was an appear brought by testator’s daughter after her petition (will contest) was denied.
- She lost at her jury trial and then her appeal was struck down.
- On appeal to the Supreme Court of Nebraska found that no issues were preserved on appeal.
- Do you know how to preserve an issue on appeal?
- Experienced West Palm Beach probate litigators everything you want to review needs preserved, that means objecting on the record and keeping copies of that record.
Want to learn more about preserving an issue for appeal and insane delusions?
Check out the entire case by clicking here.