Common Reasons for Will Contests in Florida

After losing a loved one, the last thing many families expect is a dispute to arise over the terms of the deceased’s will. Unfortunately, will contests are more common than people in Florida. When they occur, they can create unnecessary delays, stress, and uncertainty for everyone involved. If you are dealing with a will contest, understanding why these disputes occur can help you better navigate the situation.

No-Contest Clauses are Prohibited in Florida

In many other states, people can include a no-contest clause in their will. These clauses do not entirely prohibit will contests. Instead, they state that if someone does contest the will, they risk a portion or all of their inheritance if they are unsuccessful in the dispute. Florida does not recognize no-contest clauses in wills. In fact, The Sunshine State is just one of two states in the country that strictly prohibits and completely refuses to enforce them. This may be one reason contests are more common in the state.

Common Grounds for Will Contests

While no two situations are exactly alike, there are multiple grounds for will contests in Florida. These are as follows:

• Undue influence, meaning someone may have manipulated or pressured the testator – person drafting the will – to include terms that directly benefited them
• Lack of testamentary capacity, which means the testator may have had the mental capability to understand the terms of the will, or the consequences of them
• Improper execution, such as failing to meet signature or witness requirements outlined in state law
• Forgery or fraud, including instances when a will may have been falsified or altered
• Existence of a newer version of a will that contradicts an older one

Each of the above grounds can cause serious questions to arise about whether the document should be enforced. Even small discrepancies can result in larger disputes, particularly when significant assets are involved.

Will Contests are Very Damaging for Families

If you believe that you were unfairly left out of a will or there is another issue, you should challenge the will to uphold your rights and ensure your loved one’s wishes are respected. However, it is important to know that will contests are very damaging for families.

Will contests turn private grief into an adversarial legal battle. When a family member challenges a will, relatives are forced to pick sides, share confidential medical histories, and testify against each other in court. The damage caused by the process does not end when the judge issues a final ruling. It can cause multigenerational disputes that trickle down to cousins, nieces, and nephews, even when these family members were once very close.

Our Will Challenge Lawyer in Tampa Can Advise On Your Case

If you believe there is reason to contest a will, it might be time to explore your legal options. At Messina Law Group, P.A., our Tampa will challenge lawyer works with families facing disputes regarding estates. We know how personal and complex these matters can be and will work diligently to protect your rights. Call us now at (813) 492-7798 or contact us online to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.518.html