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Why are wills contested in probate?

On Behalf of | Jan 14, 2021 | Will Contests |

A will is a powerful testamentary document that can help a Tampa resident accomplish their estate planning wishes. Through a will a person can bequeath property to beneficiaries, identify guardians for their minor children, and direct assets to charitable organizations. Wills are important and must be drafted and executed correctly to be enforceable after testators’ deaths.

If a will is deficient, or is perceived to be deficient, it may be challenged in probate. There are different ways that will challenges can come up, and this post will only introduce some of them. When will questions present themselves to Floridians, they can take their concerns to trusted estate planning lawyers in their communities.

Common bases for will challenges

It is not uncommon for wills to be challenged based on their drafting, execution, or other technical requirements. For example, in Florida a will must be in writing, signed by two witnesses, and executed by an adult of sound mind. If a will is lacking signatures, is nuncuptavie or spoken, or is made by a person lacking the capacity to understand what they are doing, it may be deemed invalid.

Other issues that can doom the validity of wills include:

  • A testator having multiple wills
  • A will that was created with fraud or the testator under duress
  • A will that fails to meet other legal requirements.

Why challenge a will?

There are many reasons that individuals choose to challenge wills. Often they do so because they do not believe that the probated wills represent the true intended plans of the testators. When considering a will challenge, it is important that a person understands what they must do and what legal standards they must meet. Their case may be well managed by a Florida-based estate planning attorney who supports probate challenge clients.