Tampa Will Contest Attorney
It is not uncommon for a person to be disappointed by the terms of a loved one’s will. An adult child expecting a substantial inheritance is shocked to learn they were left nothing in their parent’s will. Or perhaps the will favored certain beneficiaries over others. Such disappointment can often lead to legal challenges against the will itself, known in Florida as a will contest.
In truth, the grounds for contesting a Florida will are actually quite narrow. Still, a valid challenge has the potential to significantly complicate the probate of an estate. That is why if you are a party to such a dispute it is best to work with a qualified Tampa will contest attorney. Knudsen Law is a full-service Florida estate and probate firm that advises both estates and potential beneficiaries on will contest disputes.
What Are the Grounds for Challenging a Florida Will?
When a Florida resident dies and they left a last will and testament, the original signed will must be filed with the probate court for the county where the decedent lived. Any interested person may then contest the will. This is effectively an adversarial proceeding where one party, usually the personal representative nominated in the will, seeks to admit the will to probate, while the contestant asks the court to reject the will.
An “interested person” is basically anyone who has a valid interest in the outcome of the probate. It is often a person who would stand to inherit from the estate if the will were found invalid. But it could also include a possible creditor of the decedent.
It is important to emphasize that just because an interested person objects to the terms of the will, that does not qualify as valid grounds for a contest. A will contest is based on a defect in the execution of the will itself. In Florida, there are three common grounds for challenging a will:
- Improper Execution: Florida law requires all wills to be in writing and signed by its maker (testator) in the presence of at least two witnesses. A will that does not meet these execution requirements is invalid.
- Lack of Capacity: Any Florida adult can make a will as long as they are of “sound mind.” In legal terms, this is known as testamentary capacity. It is possible to contest a will on the grounds that the testator did not possess the mental capacity to understand what they were doing at the time they made the will.
- Undue Influence: A will can also be challenged on the basis that a person who benefits from the will exercised “undue influence” over the testator to obtain the will in the first place. Undue influence requires proof of more than influence. The contestant opposing the will needs to show the influencer effectively “overpowered” the testator to the point where they were no longer acting under their own free will.
Contact A Tampa Will Contest Lawyer Today
A will contest is a serious matter. An experienced Tampa will contest attorney can explain the process to you and represent your interests. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
