When a will is being contested, what happens is that an interested party files a petition to try to prove the will is invalid. Both the petitioner and others have a chance to explain their positions in mediation and/or before a judge.
An Orlando wills, trusts, and probate lawyer from our firm can go into more detail about what goes into contesting a will.
The Steps for Contesting a Will
Your lawyer can help you follow all of the correct procedures when challenging a will, including:
- Determining legal grounds for a challenge: You might contest the will on technical grounds (e.g., it was filed improperly) or on the grounds that someone else manipulated the deceased into altering or filing the will.
- Notifying all involved parties: You need to make sure that all beneficiaries, creditors, and other interested parties know that you are contesting the will.
- Going through mediation: This means sitting down with other involved parties and seeing if you can arrive at an acceptable compromise.
- Going through with a hearing: If there is no other way forward, we can represent you at a hearing in front of a judge and present all of the evidence that demonstrates why you think the will is invalid.
Can You Contest a Will if You Are Not in It?
Potentially, yes. Florida law says that “any interested person, including a beneficiary under a prior will,” has the right to challenge it.
As long as you can show that you are in some way connected to or invested in the matter, you have the right to file a petition, even if you were disinherited and are not mentioned in the contested will.
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What Evidence Do You Need to Contest a Will?
You need enough evidence to show that the will violates Florida law in some way. Our legal team may do this with:
The Deceased’s Medical Records
Are you concerned that the deceased suffered from a condition, such as dementia, that prevented them from fully understanding what was in the will—or even that they were signing a will at all? We can request access to their medical records. These records show if and when the deceased started showing signs of mental decline and how seriously they were affected by the condition.
Reviewing State Laws
We can assess the circumstances under which the will was executed to see whether or not it follows the rules set out in Florida Statutes § 732.502. We can also look at Florida’s inheritance laws to see if the will violates any of those laws.
The Deceased’s Other Legal Documents
If your loved one left behind other documents regarding their final wishes, we can compare them to the contested will for unexplained changes, inconsistencies, or signs of duress or mental decline.
Personal Testimony From You and Others
Did you or someone else notice something unusual about your loved one’s interactions with others that could indicate undue influence or fraud? We can interview those who were close to the deceased, including relatives and caretakers, to find out if they might have been pressured or manipulated into changing their will.
Can Mediation Help You Avoid the Need to Contest a Will?
In many cases, yes. Mediation occurs when all involved parties agree to discuss their differences and negotiate a compromise with the help of a mediator. The mediator is a neutral party who is trained to help disputing parties find common ground or resolve misunderstandings. Our lawyer can help you pursue the best deal during mediation by:
- Representing you at meetings
- Explaining your position and demands clearly and firmly
- Advising you if and when a compromise is worth accepting
Mediation is often the best possible way forward if there is a disagreement over a will. It allows you to avoid a long and possibly contentious legal fight. You would instead be able to receive your inheritance and move on.
Is it Worth Contesting a Will?
That is up to you to decide. It is important to get all of the information you can before deciding whether or not you want to take this action. Our lawyers can help you make the right decision by:
- Explaining the steps you must take to contest a will
- Describing what will happen if your challenge is (or is not) successful
- Making sure you understand the challenges versus the potential benefits of contesting a will
No matter what decision you make, you can rely on us to provide support and legal guidance.
Is There a Way to Prevent Your Loved Ones From Contesting Your Will?
There is no “iron-clad” method for preventing a challenge—you cannot write a provision in your will forbidding any challenge, for example—but there are steps you can take to make your will clear and legally binding. This would make it harder for anyone to argue that your will is invalid.
It is a good idea to work with our attorneys on your will and other estate planning documents to ensure they follow all applicable laws. We may even be able to help you avoid probate altogether by putting certain assets in a trust.
With careful planning and foresight, you can draft and submit a will that is valid and easy to follow, and that provides your loved ones with much-needed guidance and security
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If You or Someone Else Is Contesting a Will, We Can Help
Whether you feel you have grounds to contest a will or are fighting back against what you believe to be an unjustified challenge, we encourage you to seek legal advice as soon as you can. Call Bogin, Munns & Munns today to learn more about what happens when a will is being contested and how our legal team can provide innovative, comprehensive support.
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