Can an Estate Plan Be Contested After the Testator Has Passed?

Losing a loved one is a difficult and emotional life experience. The loss of a family member can also raise questions or concerns regarding the validity of the deceased’s will. For families in Orlando and throughout Florida, questions could arise regarding whether a will can be challenged after a person has passed away. The short answer is yes, but Florida law sets specific grounds and timelines for these challenges.

Will Challenges in Orlando: Law Firm for Estate Litigation Matters

We understand that contesting a will can feel overwhelming and emotionally charged, with fears about family disputes. At Bloodworth Law, PLLC, we approach these sensitive matters professionally and respectfully. Our legal team can help you understand your rights and the legal process involved in estate disputes under Florida law.

What Are the Valid Estate Planning Documents in Florida?

Before discussing how a will can be contested, it’s essential to understand what makes a will legally valid in Florida. According to Florida Statute § 732.502, a valid Florida will must meet the following requirements:

• The Will Must Be In Writing: The will is required to be a written document.
• Proper Legal Signature: The person making the will (called the testator) must sign the document. Another individual can sign it in some cases but must be in the testator’s presence and directed by them.
• Two Witnesses: The testator’s signing (or acknowledgment of their signature) must be witnessed by two credible persons, who must also sign the will in the testator’s presence and in the presence of each other.

These formalities are to ensure the authenticity of the testator’s wishes. If a document purporting to be a will does not meet these basic requirements, it may be deemed invalid.

What Grounds Allow You to Contest a Will in Orlando?

Even if a will meets the basic legal requirements, it can still be contested in Florida probate court under specific grounds. These grounds protect against fraud and undue influence and ensure the testator (the person who created the will) truly intended the terms of their will. Common grounds for contesting a will in Florida include:

Lack of Testamentary Capacity

This argues that the testator lacked the mental ability to understand the ramifications of their actions when they signed the will. Under Florida Statute § 732.501, the person creating the will must be of sound mind, with the capacity to understand the nature of the act of creating a will, the extent of their property, and who are their family members.

Undue Influence

This claim asserts that someone exerted such pressure or control over another person that the will reflects the wishes of that person, rather than the testator’s free will. These cases may involve a beneficiary who had been in a confidential relationship with the testator and actively participated in procuring the will.

Fraud

A will can be challenged when it is alleged that another party engaged in fraudulent misrepresentations or deceit. These cases could involve tricking a person into signing a will they didn’t understand or making false statements to the testator to influence how the will was written.

Improper Execution

If the will was not signed and witnessed according to the legal requirements outlined in Florida Statute § 732.502, it may be deemed invalid due to improper execution.

Revocation

A will can be contested if there is evidence that the testator revoked it before their death. This could have been done by creating a new will, by a written document declaring the will revoked, or by physically destroying the original will with the intent to revoke it.

What is the Timeline for Filing a Will Contest in Florida?

Florida law sets strict deadlines for contesting a will. According to Florida Statute § 733.212, a person who wishes to challenge a will generally must file their objections within 90 days after the date they were served with the Notice of Administration. If a formal Notice of Administration was not served, there might be a longer timeframe, but it is crucial to act promptly if you have concerns about the validity of a will. Failing to meet these deadlines can result in you losing your right to contest the will.

We advise anyone in the Orlando area who believes they have grounds to contest a will to seek legal counsel at once to ensure they meet the applicable legal deadlines.

How Do You Contest a Will in Florida?

Contesting a will in Florida involves a formal legal process within the probate court. Typically, the process includes:

• Filing a Petition or Objection: The person challenging the will must file a formal legal document with the probate court that describes the legal basis of the will contest.
• Serving Notice: All beneficiaries who are named in the will, the personal representative of the estate, and other potential heirs must be formally notified that a will contest has been initiated.
• Discovery: Both sides will have the opportunity to gather information and evidence related to the will’s validity. The process can involve requesting documents, taking depositions (sworn testimony), and potentially hiring expert witnesses.
• Mediation or Settlement Negotiations: The will contest could involve alternative dispute resolution methods, such as mediation or direct settlement negotiations. This method can be a less expensive and time-consuming alternative to a full trial.
• Trial: If a settlement cannot be reached, the case may proceed to trial, where each side will present evidence and arguments to the court.

The probate court in Orange County, like others in Florida, will adhere to these established procedures. Navigating this process requires a thorough understanding of Florida probate law and courtroom procedure. At Bloodworth Law, PLLC, our legal team has an extensive background in estate litigation and will contests.

When You Need Professional Guidance for a Will Contest in Orlando

Dealing with estate matters, especially when disputes arise, can be emotionally and legally complex. If you have concerns about the validity of a loved one’s will in Orlando or the surrounding areas, it’s essential to consult with an experienced probate litigation attorney.

At Bloodworth Law, PLLC, our professional and experienced team can provide the guidance and representation you need during these challenging times. We understand Florida probate law and can help you assess the validity of a will, understand your legal options, and help you navigate the process of a will contest. Our responsiveness ensures that your questions are answered, and your concerns addressed promptly. If you have questions about contesting a will or any other probate matter, please do not hesitate to contact us for a free, confidential consultation. We are here to bring you quality legal services and solid representation. 407-449-8958 today.