With all the buzz surrounding Netanyahu (the now re-elected Prime Minister of Israel) and his speech in front of Congress it got me thinking about various ways litigants interfere with their relative’s wills. What does Netanyahu’s speech have in common with the standard Palm Beach Probate Case? The similarities may surprise you.
- A lot of people were upset over Netanyahu’s visit because they were worried about him butting in on the United State’s policy in Iran, others say that its an issue on the other side of the spectrum that America’s invite is plunging us into their elections.
- Will contests are the epitome of butting in, the question much like in the case of Netanyahu is, is such an intrusion warranted?
- Just as the present issue is one of should it be Israel’s concern what the United States does with another country, a relative may consider it their concern what a testator wants to do with his wealth.
- Maybe rich Uncle Bob wants to leave all his wealth to charity, and maybe the United States wants to enter a deal with Iran… what does that have to do with the nephew? What are Israels concerns?
- Some concerns are warranted in a will challenge like a concern of undue influence.If the nephew was worried that the award was because the chancellor of the local charity had been exercising influence over Uncle Bob then that is a legitimate concern, but if the nephew just does not want the money going to charity and wants the money themselves, the merit of a will challenge is a lot less straight forward.
- Similarly, the question of who is intruding on who in the present dispute is interesting but I think the bigger question is what are the motives for intrusion. Even though Probate Courts do not look to motive, we can to evaluate the merit of intrusions.
- As a Palm Beach Probate Lawyer I look forward to challenging wills that were not made properly be it by fraud, duress, undue influence or the like.
- What we do not like doing is just disturbing a testator’s intents simply for their own profits or selfish motives.