Yes, wills can be contested if you believe there is something wrong with them and that the court’s acceptance of the will would harm the deceased’s beneficiaries.
Contesting a will is a legal process that requires valid grounds, not simply disagreement with the terms. The outcome often depends on how the will was created and whether it complies with Florida law.
An Orlando wills, trusts, and probate lawyer from our firm can investigate your family’s situation and explain whether you have grounds to challenge an invalid will.
This may involve reviewing how the will was signed, the deceased’s mental capacity, or whether undue pressure played a role. Having legal guidance early can help you decide the best way to move forward.
When Can You Contest a Will?
Wills can be contested if you have legally valid grounds for doing so. The main reasons why people choose to contest a will are as follows:
- They believe the will was not executed correctly and did not follow state laws that dictate how a will must be signed and witnessed.
- They have reason to believe the deceased was not qualified to make a legal will, usually because they were not “of sound mind.”
- They suspect that someone pressured or lied to the deceased, and that these actions caused the deceased to change their will in ways they otherwise would not have.
You cannot contest a will simply because you do not like what it says: you need a firm legal standing on which to base your complaint. Our lawyers can listen to your concerns and collect evidence to prove to the court that they are justified.
To consult with an experienced wills lawyer today
(855) 780-9986
What Is the Process for Contesting a Will?
The deceased’s personal representative or any of their beneficiaries can take the first step to contesting a will by filing a petition with the probate court. They will also have to notify all involved parties that they have taken this action.
Next, you (or your attorney) has to build up your case with evidence that proves the will is invalid. Evidence might include testimony from people who knew the deceased and others involved, medical records that describe the deceased’s state of mind, and any other legal paperwork written by the deceased.
The court will then review all of the evidence and make a decision regarding the validity of the will. If they agree that it is invalid, the court may:
- Turn to other documents your loved one left behind, such as a prior will, to direct the settling of their estate
- Declare that your loved one died intestate—in other words, that they left no legal will—and settle their estate according to Florida’s intestate laws
What Are the Odds of Winning When You Contest a Will?
That depends on your circumstances. If you file the petition in time and present strong evidence that there is a problem with the will, your odds of winning may be higher than someone with evidence that is open to interpretation.
This is why it is a good idea to consult with a lawyer as soon as you suspect that something might be wrong with the deceased’s will. Simply getting through the legal process, never mind winning your case, is time-consuming and difficult. It is much easier if you hire a lawyer to:
- Collect and analyze all available evidence
- Figure out how best to present your case to the judge
- Explain to the judge why the other party’s evidence is not as convincing as yours
- Speak on your behalf at all necessary hearings and meetings
Can You Prevent a Will From Being Contested?
In some cases, it may be possible to reach out (or have your attorney reach out) to the party who has raised objections and come to an agreement before the matter goes to court.
Being able to contest a will is an important tool that allows families to protect their rights and ensure the deceased’s wishes are honored. That said, not every protest is valid: some people may try to contest a will based on inaccurate or incomplete information, while others may be working in bad faith to try to slow the probate process or gain a greater share of the deceased’s estate for themselves.
If you believe that someone else’s concerns about the will are not justified, we encourage you to speak to our lawyers right away. As previously discussed, all sides in the dispute have the chance to present evidence to the probate judge.
You want your case to be as strong as possible so you can quickly end any unjustified disputes and move ahead with the rest of the probate process.
How Can You Avoid Mistakes That Lead to a Will Being Contested?
Contesting a will lengthens the probate process, meaning that the beneficiaries have to wait longer to receive their inheritance. It is also very stressful for the deceased’s family and forces them to wade through complex legal proceedings when all they want to do is settle the deceased’s affairs with dignity.
It is better for everyone if you can avoid confusion about your will. Our attorneys handle both estate planning and probate matters and can help you in the following ways:
- Reviewing all of your estate planning options, including wills, trusts, power of attorney, and other documents
- Drafting and filing a legally binding will
- Using other arrangements, like trusts, that could allow your loved ones to avoid or shorten probate
- Ensuring that your will and other documents cover all necessary ground and express your wishes clearly
- Making any necessary alterations to your existing estate plan to account for changes in circumstance
In short, a solid estate plan can remove doubt and uncertainty about your will’s validity. This would make it more difficult—or even impossible—for anyone to contest it when the time comes.
Click to contact our Florida Attorneys today
You Have the Right to Seek Help When Contesting a Will
Contesting a will—or responding to someone else’s objections—can be complicated, especially if you are still processing your grief after the loss of a loved one.
Bogin, Munns & Munns has been assisting families like yours with all aspects of estate planning for over 40 years. Call today to get started.
Call or Submit Our Consultation Request Form Today
