If you feel something isn’t right about a loved one’s will, it’s critical to know when and how you can contest it. This issue can be intimidating for many people, especially if valuable assets are on the line.
In this blog, we’ll discuss the key moments when you can step in if you think something’s amiss with how your loved one’s assets will be distributed. Read on to gain the clarity you need if you are facing this problem.
3 reasons to challenge the validity of a will
You cannot contest a will without a valid reason. Before a court can hear your claim, you must prove that any of the circumstances took place:
- Lack of testamentary capacity: The individual making the will must understand the nature and value of their assets, recognize their logical heirs and comprehend the legal significance of the will. Without this mental capacity, people may contest the legality of the document.
- Fraud: Any fraudulent actions that impacted the creation of the will can invalidate the document.
- Undue influence: Older individuals might be vulnerable to undue influence, where someone exerts excessive pressure to manipulate how they should distribute their assets. If you prove that someone manipulated your loved one into creating the will, this can nullify the will.
These fundamental reasons can form the basis for challenging a will’s validity in Florida. If you suspect any of these issues, it may be worth identifying your legal options further.
What are your options?
Challenging or disputing the validity of a will can be a highly complex process, but a lawyer may help. With their support, you can have a deeper understanding of the grounds for contesting wills so you can make informed decisions. Remember, you’re not alone, and taking action may help you honor your loved one’s true intentions.
