Challenging the Florida Will
We sometimes refer to this as Florida will contests, will challenges or objecting to probate
In essence what you’re saying is, “There’s a will out there, I don’t think it’s valid. I think it’s invalid. Probate judge, I want you to declare that will void.” What’s the basis to do that? Well generally a person who makes a Florida will, will have that will upheld as long as it was executed properly. It was signed properly, the execution ceremony was proper and there were proper witnesses, a very unique area of the law.
Two, if the person who made the will knew what they were doing it’s valid. Three, if the person was free from undue influence, force, pressure, the will is valid. The key to contesting the Florida will is the discovery. Did mom or dad know what they were doing when they signed that will or did they have dementia? Or did somebody else unduly influence them to sign that will?