Challenging the Validity of a Will in Florida

A Will is meant to express the wishes of the deceased, but what happens if you suspect that a Will does not accurately reflect their intentions? In Florida, interested parties can challenge a Will’s validity under certain legal grounds. Share the details of your situation with a Pompano Beach estate litigation lawyer to determine whether a will contest is worth pursuing.

Legal Grounds for Contesting

Under Florida law, a will can be contested for several reasons. The most common legal grounds include:

• Lack of testamentary capacity. A testator (the person making the Will) must be of sound mind when signing the document. This means they must understand the nature and extent of their assets, who their heirs are, and the legal effect of creating a Will. A challenge based on lack of capacity often relies on medical records, witness testimony, or evidence of dementia or other cognitive impairments.
• Undue influence. A Will can be invalidated if it was created under coercion, manipulation, or excessive pressure. Common signs include sudden and drastic changes to the Will that favor one person over others, particularly if the testator was in a vulnerable state. In certain situations, the burden of proof can shift to the accused beneficiary to prove they did not unduly influence the testator.
• Fraud or forgery. If a Will was created based on false pretenses or if signatures were forged, the document can be challenged. Proving fraud or forgery may require expert handwriting analysis, testimony from the witnesses to the signing, or evidence of deceit.
• Improper execution. Florida law requires Wills to be signed in the presence of two witnesses, who must also sign the document. A Will that fails to meet these legal requirements may be declared invalid by the court.

As an example, a recent case involved the challenge of a 2020 estate planning document. The Florida Court invalidated the Will after it was proven that the testator suffered from severe Alzheimer’s disease at the time of execution. Medical records and testimony from family members demonstrated that the testator lacked the ability to make sound decisions, leading the Court to rule that the Will was invalid.

Another instance was a 2019 case where a family member presented a Will that heavily favored hi him over other heirs. Upon investigation, a forensic expert determined that the testator’s signature was forged. The Court dismissed the fraudulent Will and reinstated an earlier, valid version.

Consult an Experienced Estate Attorney

If you believe a loved one’s Will does not reflect their true intentions due to undue influence, lack of capacity, or fraud, contact a Pompano Beach estate litigation lawyer without delay. An experienced attorney can evaluate your case and help protect your rightful inheritance.

Can you prove undue influence or lack of capacity? The skilled legal team at Mark R. Manceri, P.A. is available to compassionately listen to your concerns and help you chart a path forward. Schedule a confidential consultation today.