Will Contests 101: What is Undue Influence? How Do I Prove Lack of Testamentary Capacity?

Do you know there is something suspicious about your  relative’s will that has been submitted for West Palm Beach probate? Something just does not pass the smell test? You may be able tocontest the will in West Palm Beach probate court, but do you even know where to begin? Experienced Probate litigators in West Palm Beach know that most will contests come in two flavors (sometimes you can bring both at the same time) lack of testamentary capacity and undue influence. Does one of these sounds like what happened to your relative? Learn more.

Lack of Testamentary Capacity

• Entering into a will is no laughing matter and someone must be of sound mind to do so.
• Ironically a lot of us will have written what will become our last will and testament in our old age.
• West Palm Beach courts will assume you have testamentary capacity and make the party challenging a will show other wise.
• Furthermore, simply showing that a person is senile or demented is not enough – they could have executed that will in a lucid moment.
• You are going to need what experts call contemporaneous evidence in other words you need to be able to show at that moment or around that moment there was not capacity.
• How can you do this?
• Do not forget you may be entitled to an evidentiary hearing where you can call witnesses that can testify to facts known and sometimes even opinions.
• You may be able to call doctors for expert testimony if need be.
• Either way the goal is simple to show that a party lacked the necessary competence to enter into / execute a new will.
• If they had a prior will chances are that will is still valid because it was not revoked by the new will, which was invalid.
• You may be looking at a case of intestate succession though so watch out.
• Do you know what that means?
• What is the second common way to challenge a West Palm Beach will?

Undue Influence

• Undue influence is one of the more depressing things that can occur to a person in West Palm Beach in their old age or as their mind slips away.
• A third party may have exercised influence over the testator to a level that is inappropriate.
• How much influence constitutes undue influence?
• A quick answer is it depends.
• Courts are looking to see if the testator’s will was overcome by the influence of a third party.
• A will should not reflect the intent of a-would-be beneficiary; it should reflect the testator’s desires.

So You Want to Challenge a Will Now What?

• Did you know that you have very little time to challenge a will in West Palm Beach?
• Act quickly or it may be too late you could have as little as ninety days and the clock might be ticking.